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What is the Separation agreement between husband and wife?
A Separation Agreement is a post-matrimonial agreement. In the Separation agreement between husband and wife agreement, the couple mutually decides to separate their way without the help of any judicial intervention. Therefore, without any divorce petition or decree for judicial separation, the couple parts ways. The most noteworthy point is, separation agreements are entered after getting into the union of marriage. Consequently, in a separation agreement married couple decides on the issue of maintenance, child custody, and property division without any judicial intervention. In India, a separation agreement is considered against public policy. Hence, courts do not give emphasis to such agreements.
Need for Separation agreement between husband and wife draft
It is a Separation agreement between husband and wife wherein the parties agree to live separately, without filing a petition for judicial separation or divorce. Although in India, a separation agreement does not hold any legal validity by way of statute or judicial decisions, it is slowly setting its base in India. Even though several courts have held that a separation agreement has no legal sanctity, it is not altogether worthless, since it still paints a picture regarding the intention of the parties and thus could be of help at the time of divorce.
What should a Separation Agreement between Husband and Wife cover?
It should consist of all the necessary terms and conditions. The following are important terms (among others) that must be included in an agreement of this nature:
- The relevant personal details of the parties such as full name, residential addresses and ages of the parties to the agreement,
- Information related to the kind of job/employment and incomes of the parties,
- Properties owned by the parties,
- Maintenance clause consisting of who will pay maintenance to whom and how much,
- Custody clause consists of the issues related to child care,
- Details regarding the division of properties – both immovable and movable,
- Full disclosure of information clause,
- Any other duties and responsibilities of and between the parties, and
- Date of signing of the agreement
FAQs for Separation agreement between husband and wife draft
Q1 . What are the benefits of separation?
Ans – The Pros of a Legal Separation – Avoiding divorce (if you have religious objections) while still parting from your spouse; Having the ability to test out living separately without the finality of a divorce; and. Being able to stay on your spouse’s health insurance after parting ways.
Q2. Is the separation agreement valid in India?
Ans – In India, a separation agreement is considered against public policy. Hence, courts do not give emphasis to such agreements.
Q3. How many months is a separation agreement?
Ans – Both spouses must agree to the divorce and must have lived apart for at least six months. There are also some restrictions on what can be done after the divorce is finalized, such as no contact between the spouses and no shared property.
Q4. Why is a separation agreement important?
Ans- A separation agreement is a legal contract between a couple. It’s a written record of how a couple has settled issues related to their separation. You don’t need a separation agreement to separate. Making a separation agreement is usually a faster and less expensive way to settle issues than going to court.
DRAFT OF SEPARATION AGREEMENT BETWEEN A HUSBAND AND WIFE FORMAT DOWNLOAD
THIS AGREEMENT made at………. on this………. day of……………20___, between A, son of B, resident of……….. (Hereinafter called “the husband”) of the ONE PART and Mrs. A his wife (hereinafter called “the wife”) of the OTHER PART.
WHEREAS the husband and wife are living separately due to differences and disputes having arisen between them; and
AND WHEREAS they want to live separate, apart from each other and intend to live separate at all times hereafter unless there is any reconciliation.
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. The husband shall during the life time of the wife pay to her a sum of Rs………… p.m. for 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. The wife shall be entitled to the custody and guardianship of the children of the marriage, namely C and D now aged…….. Years and………. years, respectively. The wife shall maintain and educate the said children until they shall respectively attain the age of majority. 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 pay for and discharge 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 keeps indemnified the husband 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 remove all her wearing apparel, jewelry and other personal effects, etc. belonging to her from the husband’s place and retain the said goods as her separate properly.
6. The husband may have the access to the children at every Sunday between ___A.M. to ___ P.M. He may have the sole society of the children in the said timings on the said day.
7. 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.
8. This agreement shall be revoked by the death of either the husband or wife.
9. 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. A.
Signed and delivered by the within named wife Mrs. C
WITNESSES;
1.
2.
Documents Required
There are no specific documents required for the drafting and execution of a separation agreement between parties to a marriage. However, ID proofs to prove information related to identity and property/financial documents to be sure of the ownership of properties and that of the parties’ finances could be required.
Procedure
No set procedure is applicable in the making of such an agreement between the husband and wife. However, you could hire a lawyer to draft it and once the agreement has been drafted by a lawyer, it should be specifically and carefully read by both the parties to the agreement. Any necessary changes required to be made shall be carried out and once the agreement is finalised, it shall be signed by both the parties along with the requisite witnesses. Each party can thereafter keep a signed copy of this agreement between the parties to the marriage.
Legal Considerations
A separation agreement between husband and wife is not a validly recognised and enforceable agreement in India till now. However, at the time of divorce in the Courts, it can help in painting a picture of the intention of both the parties and substantiate that there were issues/problems in the marriage, subject to admissibility by both parties.
Draft Of Separation agreement between husband and wife
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