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Cohabitation Separation Agreement Template for India

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Key Requirements PROMPT example:

Cohabitation Separation Agreement

"I need a Cohabitation Separation Agreement under Indian law for separating from my partner of 5 years, including provisions for our shared Mumbai apartment and joint business venture, with the separation to take effect from March 1, 2025."

Document background
The Cohabitation Separation Agreement is essential for unmarried couples in India who have been living together and have decided to end their relationship. While Indian law doesn't have specific legislation governing live-in relationships, the Supreme Court has recognized such relationships through various judgments, providing certain legal protections. This document becomes crucial when partners need to formally document their separation terms, including property division, financial arrangements, and mutual obligations. It's particularly important in India's legal context where traditional family law may not directly apply to cohabiting relationships. The agreement helps prevent future disputes by clearly outlining each party's rights and responsibilities post-separation, while ensuring compliance with Indian contract law principles and relevant Supreme Court guidelines on live-in relationships.
Suggested Sections

1. Parties: Identification and details of both parties entering into the separation agreement

2. Background: History of the relationship, including cohabitation period and reason for separation

3. Definitions: Definitions of key terms used throughout the agreement

4. Separation Declaration: Formal declaration of separation and future living arrangements

5. Division of Property: Agreement on division of jointly owned property and assets

6. Financial Settlement: Details of any financial settlements or ongoing financial arrangements

7. Mutual Release: Release of future claims against each other

8. Confidentiality: Terms regarding privacy and confidentiality of the agreement and relationship

9. Future Conduct: Agreement on behavior and interactions post-separation

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Governing Law: Specification of Indian law as governing law and jurisdiction

12. Execution: Signing and witness requirements

Optional Sections

1. Children: Include when there are children from the relationship, covering custody, visitation, and support arrangements

2. Pets: Include when there are jointly owned pets requiring custody or care arrangements

3. Joint Business Interests: Include when parties have shared business interests requiring separation

4. Intellectual Property: Include when there is joint intellectual property to be divided

5. Medical Arrangements: Include when there are ongoing medical support or insurance obligations

6. Religious Considerations: Include when specific religious customs or obligations need to be addressed

7. Social Media and Digital Assets: Include when there are shared digital assets or social media concerns to address

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all joint and individual property with agreed division

2. Schedule B - Financial Assets: List of bank accounts, investments, and other financial assets with division details

3. Schedule C - Liabilities: List of joint debts and responsibilities with allocation between parties

4. Schedule D - Personal Effects: Detailed list of personal items and their agreed distribution

5. Schedule E - Payment Schedule: If applicable, schedule of any agreed payments between parties

6. Appendix 1 - Supporting Documents: Copies of relevant documents such as property titles or bank statements

7. Appendix 2 - Proof of Identity: Copies of identity documents of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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