Separation Agreement between Husband and Wife (India)

Separation Agreement between Husband and Wife for use in India.

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This kit includes tools and guidelines to assist you in drafting a Separation Agreement between Husband and Wife.

A separation agreement between a husband and wife is a legal document by way of which a person stays separate from his/her spouse without actually going through a process of divorce.

Among others, this form includes the following key provisions:
  • Amount of maintenenance for wife and children
  • Custody of Children
  • Liability for debts incurred after the date of the agreement
  • Husband's access to the children
This attorney-prepared Separation Agreement between Husband and Wife packet contains:
  1. Description and Instructions for Separation Agreement between Husband and Wife
  2. Separation Agreement between Husband and Wife for use in India
Law Compliance: This form is designed for use in India.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Separation Agreement
Between Husband and Wife
(India)











This Packet Includes:
   1. Description and Instructions
   2. Separation Agreement between Husband and Wife               (India)






 Description and Instructions
Separation Agreement
Between Husband and Wife
(India)

A separation agreement between a husband and wife is a legal document by way of which a person stays separate from his/her spouse without actually going through a process of divorce.

Either party to the marriage may present a petition on any of the grounds stated in the provisions for divorce praying for a decree of judicial separation. A judicial separation is a legal way to stay separate from the spouse, without obtaining a decree of divorce. It also helps in cases to defend a petition for restitution of conjugal rights. A judicially separated spouse cannot be given a meaning to include a spouse merely living separately, and who has not obtained a decree for judicial separation.

If there has been no continuation of cohabitation between the parties to the marriage for a period of one year or upwards, after the passing of the decree for judicial separation, it shall be a ground for a divorce.








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SEPARATION AGREEMENT
THIS AGREEMENT (“Agreement”) made at___ on this____ day of____200__, between Mr.___________________, son of ______________________, resident of______ (hereinafter called "the Husband") of the ONE PART and Mrs. ______ his Wife (hereinafter called "the Wife") of the OTHER PART, each of them referred to as the Party and together as the Parties
WHEREAS the Husband and the Wife want to live separate, apart from each other and intend to live separate at all times hereafter unless there is any settlement or compromise.
NOW THIS AGREEMENT WITNESSETH THAT:
1. The Parties shall live separately and apart from each other and no Party shall have any right, authority over the other or shall institute any legal proceeding for restitution of conjugal rights or otherwise.
2. Parties hereby agree that the Husband shall during the lifetime of the Wife pay to her a sum of Rs___________ each month toward her maintenance and the maintenance of the children. However, if the Wife does not lead a chaste life, the Husband shall be entitled to stop the payment of maintenance allowance after giving her notice.
3. It is hereby agreed that the Wife shall be entitled to the custody and guardianship of the children of the marriage, namely ____ and ___ [Add more if needed] now aged ____ years and_____ years, respectively. The Wife shall be fully responsible for the proper care, maintenance, education of the said children until they shall respectively attain the age of majority under law. The Husband shall not be liable for any claim or demands of the children and the Wife shall keep the Husband indemnified from and against all claims and demands in respect of such children.
4. The Wife shall be responsible for paying for and discharging all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise and the Husband shall not be liable for the same. The Wife indemnifies and shall keep indemnified the Husband henceforth against all claims, actions and demands on that account and if the Husband has to pay any sum on account of the liabilities of debts incurred by the wife, he is entitled to deduct the same from the amount payable to the Wife under this agreement.
5. The Wife may retain her own valuables or belongings including furniture, jewelry, apparel, and other personal belongings and may return all her wearing apparel, jewelry and other personal effects, etc. belongings as gifted to her by the Husband or his family.
6. The Husband may have the access to the children at every Sunday between ___ A.M. to __P.M. He may have the sole authority of the children in the said timings on the said day.
7. During the times the said children are with the Husband, Husband shall refrain from any alcoholic, abusive or such socially prohibited behaviour.
8. Notwithstanding anything contained in this Agreement, it is expressly agreed that if at any time hereafter, the Parties live together as Husband and Wife with mutual consent, then in that case, the said sum payable to the Wife-under this agreement shall no longer be payable and the agreements hereinabove contained shall become void.
9. This agreement shall be revoked by the death of either the Husband or wife.
10. This agreement shall be executed in duplicate. The original shall be retained by the Husband and duplicate by the Wife.
IN WITNESS WHEREOF, the Parties have set their respective hands to these presents and a duplicate hereof on the day and year first hereinabove written.
Signed and delivered by the within named Husband Mr. _____.
Signed and delivered by the within named Wife Mrs. _______
WITNESSES:
1.
2.

Number of Pages4
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33484

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