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Living Together Separation Agreement Template for India

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Key Requirements PROMPT example:

Living Together Separation Agreement

"I need a Living Together Separation Agreement for an amicable separation where we primarily need to divide personal property and establish separate residences by March 2025, with minimal ongoing obligations between parties."

Document background
The Living Together Separation Agreement serves as a crucial legal instrument in India for partners ending their live-in relationship. While live-in relationships lack specific statutory recognition in India, they have been acknowledged and protected through various Supreme Court judgments. This document becomes necessary when cohabiting partners decide to separate and need to formalize their separation terms. It typically includes provisions for property division, financial settlements, mutual obligations, and releases of future claims. The agreement must comply with the Indian Contract Act, 1872, while also considering relevant Supreme Court precedents that have established rights and obligations in live-in relationships. It's particularly important as it provides legal clarity and protection to both parties in a relationship status that exists in a somewhat grey area of Indian law.
Suggested Sections

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

2. Background: History of the relationship, including when it began, nature of cohabitation, and decision to separate

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Acknowledgment of Relationship Status: Formal acknowledgment of the live-in relationship and its voluntary termination

5. Date of Separation: Specified date when the parties will separate or have separated

6. Division of Property: Detailed arrangement for division of jointly owned or shared property

7. Financial Settlement: Agreement on any financial settlements between the parties

8. Mutual Release of Claims: Waiver of future claims against each other except as specified in the agreement

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 stating this document represents the complete agreement between parties

Optional Sections

1. Children: Details regarding custody, visitation, and support of any children from the relationship - used only if children are involved

2. Pets: Arrangements for pet custody and care - included if there are shared pets

3. Joint Business Interests: Division or management of shared business interests - included if parties have joint business ventures

4. Maintenance Provisions: Terms for ongoing financial support - included if one party agrees to provide support to the other

5. Shared Debts: Division and responsibility for any joint debts - included if there are shared financial obligations

6. Future Communication: Guidelines for future communication between parties - useful in complex separations

7. Social Media and Digital Assets: Agreement regarding social media conduct and division of digital assets - relevant for couples with significant online presence

8. Religious or Cultural Obligations: Specific provisions related to religious or cultural practices - included if relevant to the parties

Suggested Schedules

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

2. Schedule B - Financial Assets: List of all financial assets and their agreed distribution

3. Schedule C - Personal Items: Inventory of personal belongings and their allocation

4. Schedule D - Outstanding Debts: List of all shared debts and payment responsibilities

5. Appendix 1 - Proof of Cohabitation: Documents evidencing the live-in relationship

6. Appendix 2 - Financial Statements: Current financial statements of both parties

7. Appendix 3 - Property Documents: Copies of property documents referenced in the agreement

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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