The Mutual Consent Divorce Agreement is a crucial document in Indian family law that facilitates the most amicable form of marriage dissolution available under Indian legislation. It is specifically used when both spouses agree to divorce and can reach a settlement on all major aspects of their separation. The document must comply with provisions of relevant personal laws such as the Hindu Marriage Act 1955, Special Marriage Act 1954, or other applicable religious personal laws. This agreement typically precedes the filing of a divorce petition and requires both parties to have lived separately for at least one year before filing. It comprehensively addresses asset division, maintenance, child custody arrangements, and other critical aspects of the divorce settlement. The agreement serves multiple purposes: it documents the couples' mutual consent, outlines the terms of settlement, and provides a framework for the court proceedings that follow.
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1. Parties: Details of both spouses including full legal names, addresses, ages, and occupations
2. Background: Brief history of marriage, date and place of marriage, current living situation, and mutual decision to divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Statement of Mutual Consent: Clear declaration that both parties are seeking divorce by mutual consent voluntarily
5. Ground for Divorce: Statement confirming parties have been living separately and marriage has irretrievably broken down
6. Division of Assets: Detailed arrangement for division of all matrimonial assets including real estate, vehicles, bank accounts, and investments
7. Financial Settlement: Terms of any one-time settlement or periodic maintenance arrangements
8. Legal Proceedings: Agreement regarding filing of divorce petition and cooperation in legal proceedings
9. Future Conduct: Agreement on mutual non-interference in future lives
10. Confidentiality: Terms regarding privacy and confidentiality of the agreement and divorce proceedings
11. Governing Law: Specification that the agreement is governed by Indian law and relevant personal laws
12. Execution: Details of how and when the agreement will be executed
1. Child Custody and Support: Arrangements for custody, visitation rights, and financial support of children - included when the couple has children
2. Business Interests: Division or management of joint business interests - included when spouses have shared business ventures
3. Intellectual Property Rights: Division of intellectual property rights - included when relevant to either spouse
4. Insurance and Medical Coverage: Arrangements regarding existing insurance policies and future medical coverage - included when there are shared insurance policies
5. Religious Ceremonies: Agreements regarding religious aspects of divorce - included when required by religious personal laws
6. Joint Liabilities: Division and handling of joint debts and liabilities - included when there are shared debts
7. Pension and Retirement Benefits: Division of pension and retirement benefits - included when applicable
8. Immigration Status: Arrangements regarding immigration status - included when either spouse's residency status might be affected
9. Pet Custody: Arrangements for pet custody and care - included when the couple has pets
1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets with current market values
2. Schedule B - Property Details: Specific details of real estate properties including ownership documents
3. Schedule C - Financial Accounts: List of all bank accounts, investments, and financial instruments
4. Schedule D - Personal Effects: List of personal items and their agreed distribution
5. Schedule E - Documents: List of important documents including marriage certificate, property papers, etc.
6. Appendix 1 - Child Care Plan: Detailed parenting plan including visitation schedule and special arrangements
7. Appendix 2 - Financial Obligations: Detailed breakdown of maintenance and support payments
8. Appendix 3 - Previous Court Orders: Copies of any relevant court orders or legal documents
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