The Separation Agreement For Unmarried Couples has become increasingly important in India due to the rising prevalence of live-in relationships, particularly in urban areas. While Indian courts recognize live-in relationships, there is no specific legislation governing their dissolution, making this agreement essential for protecting both parties' interests. This document is typically used when unmarried cohabiting partners decide to separate and need to formally document their separation terms. It covers crucial aspects such as property division, financial settlements, mutual releases, and where applicable, arrangements for children. The agreement draws its legal foundation from the Indian Contract Act, 1872, various Supreme Court judgments on live-in relationships, and other relevant laws including the Protection of Women from Domestic Violence Act, 2005. It serves as a comprehensive record of the separation terms and helps prevent future disputes by clearly defining each party's rights and obligations.
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1. Parties: Identification and details of both parties entering into the separation agreement
2. Background: History of the relationship, including cohabitation period and current living situation
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Purpose of Agreement: Statement of mutual intent to separate and regulate future relations
5. Acknowledgment of Relationship Status: Confirmation of the nature of relationship and its termination
6. Division of Assets: Detailed arrangement for division of jointly owned or acquired property and assets
7. Financial Settlement: Terms of any financial settlements, including any maintenance arrangements
8. Mutual Release: Release of future claims against each other
9. Confidentiality: Terms regarding privacy and confidentiality of relationship and separation details
10. Governing Law: Specification that the agreement is governed by Indian law
11. Dispute Resolution: Process for resolving any future disputes regarding the agreement
12. Entire Agreement: Clause confirming this document represents the complete agreement between parties
13. Execution: Signing and witness requirements
1. Child Custody and Support: Used when the couple has children together, detailing custody, visitation, and support arrangements
2. Pets and Animals: Used when there are jointly owned pets to determine their custody and care
3. Business Interests: Used when the couple shares business interests or joint commercial ventures
4. Intellectual Property Rights: Used when there are joint intellectual property rights to be divided
5. Social Media and Digital Assets: Used to address handling of joint digital assets and social media matters
6. Future Communication: Used when specific communication protocols need to be established
7. Religious or Cultural Obligations: Used when specific religious or cultural aspects need to be addressed
8. Healthcare Arrangements: Used when there are ongoing healthcare responsibilities or insurance matters to resolve
1. Schedule A - Asset Inventory: Detailed list of all joint assets and their agreed values
2. Schedule B - Division of Household Items: Itemized list of household items and their allocated ownership
3. Schedule C - Financial Accounts: List of joint financial accounts and their disposition
4. Schedule D - Outstanding Debts: List of joint debts and liabilities and their allocation
5. Schedule E - Property Documents: Copies of property ownership documents and transfer arrangements
6. Appendix 1 - Proof of Cohabitation: Supporting documents proving the relationship and cohabitation
7. Appendix 2 - Financial Statements: Current financial statements of both parties
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