Divorce Settlement Agreement

Divorce Settlement Agreement

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“**DIVORCE SETTLEMENT AGREEMENT** THIS AGREEMENT is made this ____ day of ____, 20__, by and between _________________(hereinafter referred as “”Party A””) and _________________(hereinafter referred as “”Party B””). WHEREAS, the Parties were lawfully married on ________, in ________, India, but due to certain irreconcilable differences, they have decided to separate and have agreed to live apart from each other, having mutually agreed to this divorce settlement. NOW, THEREFORE, in consideration of the mutual covenants, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: **1. DEFINITIONS AND INTERPRETATIONS:** The following terms shall have the indicated meanings in this Agreement: 1.1 “Party A” refers to _________________ 1.2 “Party B” refers to _________________ 1.3 “Children” refers to _____________________ **2. LEGAL ADVICE:** Each party acknowledges that it has had the opportunity to seek independent legal advice and has either done so or waived its right to do so. **3. SEPARATION:** The Parties agree that effective from ______________, they shall be free to live separate and apart from each other, as if they were not married, and each Party shall be free from any interference, harassment, authority, or control whatsoever by the other Party. **4. ALIMONY:** 4.1 Party A agrees to pay to Party B a sum of _____ per month, for a period of _____ years/months as alimony. The payment shall be made on the _____ day of each month. 4.2 The Parties agree that alimony payments are neither deductible by Party A nor reportable by Party B for income tax purposes. **5. CHILD CUSTODY, VISITATION AND SUPPORT:** 5.1 The Parties agree that the custody of the children shall be awarded to _________. 5.2 The non-custodial parent shall have visitation rights as mutually agreed upon by the Parties. 5.3 The non-custodial parent agrees to pay child support in the amount of ______ per month, per child. **6. DIVISION OF PROPERTY:** The Parties agree to divide the marital property as described in Exhibit A attached hereto. **7. DEBTS AND LIABILITIES:** The Parties agree that all debts and liabilities will be divided as described in Exhibit B attached hereto. **8. DISCLOSURE OF ASSETS AND LIABILITIES:** Each party has disclosed to the other party all assets and liabilities, whether joint or individual, and has not concealed any relevant information. **9. WAIVER OF ESTATE RIGHTS:** Each party waives any right to act as an administrator of the other party’s estate, and waives any benefits under the other party’s will. **10. LEGAL PROCEEDINGS:** This agreement is intended to avoid future legal proceedings between the parties. **11. CONFIDENTIALITY:** The Parties agree to keep the terms of this Agreement confidential, except as necessary to enforce its terms or as required by law. **12. VOLUNTARY EXECUTION OF AGREEMENT:** This Agreement is made and entered into voluntarily and is not based on any representations or promises, other than those contained in this Agreement. **13. MUTUAL RELEASE:** Each Party releases the other from any claims, demands, debts, liabilities, obligations or cause of action, except as specifically provided in this Agreement. **14. INDEPENDENT LEGAL ADVICE:** Each Party acknowledges that it has sought and received independent legal advice, and understands its rights and obligations under this Agreement. **15. JURISDICTION:** This Agreement shall be governed by and construed in accordance with the laws of India and the courts of ________ (state) shall have exclusive jurisdiction. **16. ENTIRE AGREEMENT:** This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreement, whether oral or written. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. ______________________ ______________________ Party A Party B Witness: _____________ Witness: _____________ NOTE: This is a sample agreement for reference only. It should be customized to suit your needs. Always seek professional legal advice before entering into a contract.”
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