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Consent Agreement Divorce

Consent Agreement Divorce Template for India

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Consent Agreement Divorce

"I need a Consent Agreement Divorce document that prioritizes a 50-50 division of our jointly owned tech startup and includes arrangements for co-parenting our two minor children, with specific provisions for international travel as I'm relocating to Singapore in March 2025."

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Document background
The Consent Agreement Divorce document is a crucial legal instrument in Indian matrimonial law, used when both spouses mutually agree to dissolve their marriage. This agreement forms the basis of a divorce petition filed under various personal laws in India, including the Hindu Marriage Act 1955, Special Marriage Act 1954, or other relevant religious personal laws. The document is required when couples seek divorce by mutual consent, demonstrating their voluntary agreement to separate and detailing all arrangements regarding property division, maintenance, child custody, and other relevant matters. It must be properly executed before being submitted to the Family Court, where it undergoes a mandatory six-month cooling period before the divorce can be granted. The agreement's terms must be fair, legally compliant, and protect both parties' interests while ensuring any children's welfare is prioritized.
Suggested Sections

1. Parties: Identification of both spouses including full names, addresses, ages, and occupations

2. Background: Details of marriage, including date and place of registration, current living situation, and mutual decision to divorce

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

4. Declaration of Consent: Clear statement that both parties are entering into the divorce voluntarily and without coercion

5. Grounds for Divorce: Statement of mutual consent as grounds for divorce under relevant law

6. Date of Separation: Agreed date from which parties have been/will be living separately

7. Financial Settlement: Overview of financial arrangements including division of joint accounts and financial responsibilities

8. Maintenance Arrangements: Details of any alimony or maintenance to be paid by either party

9. General Release: Mutual release from all claims and demands except those specified in the agreement

10. Legal Proceedings: Agreement regarding filing of divorce petition and cooperation in legal proceedings

11. Governing Law: Specification that the agreement is governed by Indian law

12. Execution: Signing and witness requirements

Optional Sections

1. Child Custody and Access: Required if the couple has children - details custody arrangements, visitation rights, and child support

2. Property Division: Required if there is joint property - detailed arrangements for division of immovable and movable properties

3. Business Interests: Required if parties have joint business interests - arrangements for division or management

4. Insurance and Benefits: Required if there are joint insurance policies or employment benefits to be addressed

5. Religious Obligations: Required for religious marriages - addressing any specific religious requirements for divorce

6. Confidentiality: Optional clause for high-profile cases or when privacy is a concern

7. Future Dispute Resolution: Optional mechanism for resolving future disputes regarding agreement terms

8. Name Change: Optional section if either party wishes to revert to maiden name or change name

Suggested Schedules

1. Schedule A - Property List: Detailed inventory of all joint property and agreed division

2. Schedule B - Financial Assets: List of all financial assets including bank accounts, investments, and their division

3. Schedule C - Child Care Schedule: Detailed visitation and custody schedule if children are involved

4. Schedule D - Maintenance Calculation: Detailed breakdown of maintenance/alimony calculations

5. Appendix 1 - Marriage Certificate: Copy of marriage certificate to be attached

6. Appendix 2 - Property Documents: Copies of property documents referenced in the agreement

7. Appendix 3 - Previous Court Orders: Copies of any relevant court orders or legal documents

Authors

Alex Denne

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

alex.den.21@genieai.co
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