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Non Cohabitation Agreement Template for India

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Key Requirements PROMPT example:

Non Cohabitation Agreement

"I need a Non Cohabitation Agreement to formalize separation from my live-in partner, including division of our jointly-owned apartment in Mumbai and shared investments, with the agreement to take effect from March 1, 2025."

Document background
The Non-Cohabitation Agreement serves as a vital legal instrument in India for individuals who wish to formalize their decision to live separately while clearly defining their rights, obligations, and the terms of their separation. This document becomes particularly relevant in scenarios where couples in a domestic relationship decide to separate but want to establish clear boundaries and protect their individual interests. The agreement typically covers aspects such as living arrangements, financial independence, asset division, and future obligations, all within the framework of Indian contract law. While India doesn't have specific legislation governing live-in relationships, this agreement draws its validity from the Indian Contract Act, 1872, and is supported by various Supreme Court judgments that recognize the rights of individuals in domestic relationships. The document helps prevent future disputes by clearly documenting the parties' intentions and arrangements at the time of separation.
Suggested Sections

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the relationship and reasons for entering into the non-cohabitation agreement

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

4. Purpose of Agreement: Clear statement of the intention to live separately and the objectives of the agreement

5. Living Arrangements: Specific terms regarding separate residences and physical separation

6. Financial Independence: Declaration of financial separation and handling of individual income and expenses

7. Division of Existing Assets: Agreement on how currently shared assets will be divided

8. Future Property and Assets: Treatment of property and assets acquired after the agreement

9. Mutual Release of Claims: Waiver of future claims against each other's property or assets

10. Confidentiality: Terms regarding privacy and disclosure of agreement details

11. Dispute Resolution: Process for handling disagreements related to the agreement

12. Governing Law: Specification of Indian law as governing law and jurisdiction

13. Amendment and Termination: Conditions and process for modifying or ending the agreement

Optional Sections

1. Shared Business Interests: Terms regarding management and division of any shared business ventures

2. Joint Investments: Handling of any joint investments or financial instruments

3. Mutual Debts: Management and resolution of shared debts and liabilities

4. Personal Effects: Division and retrieval of personal belongings

5. Communication Protocol: Guidelines for future communication between parties

6. Insurance Policies: Treatment of existing insurance policies and beneficiary designations

7. Shared Memberships: Handling of joint memberships, subscriptions, or accounts

8. Pet Care Arrangements: Terms regarding custody and care of shared pets

9. Emergency Contact Rights: Rights and limitations regarding emergency medical decisions

10. Social Media and Digital Assets: Guidelines for handling shared digital assets and social media

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all assets owned individually and jointly

2. Schedule B - Property Details: Specific information about real estate properties and their disposition

3. Schedule C - Financial Accounts: List of bank accounts, investments, and their agreed division

4. Schedule D - Personal Items: Inventory of personal belongings and their agreed distribution

5. Schedule E - Outstanding Debts: List of all debts and liabilities with assignment of responsibility

6. Appendix 1 - Supporting Documents: Copies of relevant property documents, bank statements, and other supporting materials

7. Appendix 2 - Contact Information: Current contact details and permanent addresses of both parties

Authors

Alex Denne

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

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