The Financial Agreement Between Couples is a crucial legal instrument in India designed to provide clarity and security in financial matters between married or soon-to-be-married partners. It becomes particularly relevant in scenarios involving substantial assets, business ownership, inherited wealth, or complex financial arrangements. The document, governed by Indian law and various personal laws depending on the religious background of the parties, typically includes detailed provisions for asset division, financial responsibilities, debt management, and dispute resolution mechanisms. It must comply with the Indian Contract Act, 1872, and other relevant legislation, while considering state-specific registration and stamp duty requirements. The agreement can be executed either before marriage (pre-nuptial), during marriage (post-nuptial), or in contemplation of separation, serving as a comprehensive framework for financial planning and risk management in matrimonial relationships.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the agreement, including marital status and reason for entering into the financial agreement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Current Financial Position: Declaration of current assets, liabilities, and income of both parties
5. Financial Obligations: Ongoing financial responsibilities of each party
6. Property Division: Agreement on how property and assets will be divided or maintained
7. Income and Expenses: Arrangement for handling regular income and expenses
8. Banking Arrangements: Details of joint and individual banking arrangements
9. Debt Management: How existing and future debts will be handled
10. Default and Remedies: Consequences and remedies in case of breach of agreement
11. Dispute Resolution: Process for resolving any disputes that may arise
12. Amendment Procedure: Process for making changes to the agreement
13. Governing Law: Specification of Indian law as governing law and relevant jurisdiction
14. Execution: Formal signing and witnessing requirements
1. Business Interests: Section dealing with any business ownership and management when one or both parties own businesses
2. Children's Expenses: Section for couples with children, detailing financial arrangements for children's needs
3. Inheritance Rights: Section specifying treatment of inherited assets, useful for couples with significant family wealth
4. Investment Portfolio Management: Section for couples with substantial investments, detailing how these will be managed
5. Insurance Arrangements: Section detailing life, health, and other insurance arrangements when significant policies exist
6. Retirement Benefits: Section dealing with pension and retirement accounts for working couples
7. International Assets: Section for couples with assets in multiple countries
8. Religious Requirements: Section addressing specific religious requirements regarding financial matters where applicable
1. Schedule A - Asset Register: Detailed list of all assets owned by both parties individually and jointly
2. Schedule B - Liability Register: Detailed list of all debts and liabilities of both parties
3. Schedule C - Income Details: Current income sources and amounts for both parties
4. Schedule D - Monthly Budget: Detailed monthly budget and expense allocation
5. Schedule E - Property Details: Specific details of real estate and property ownership
6. Appendix 1 - Financial Statements: Recent financial statements, tax returns, and other financial documents
7. Appendix 2 - Bank Account Details: List of all bank accounts and their operating mandates
8. Appendix 3 - Investment Portfolio: Details of investments, securities, and other financial instruments
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