When a couple mutually decides to separate their ways without any judicial intervention, they enter into a post-marital agreement that is a separation agreement, so through this agreement, they avoid any judicial separation decree or any divorce petition. This agreement decides on various issues like division of property, child custody, and maintenance. The courts do not emphasize such agreement as it is considered against public policy. The Hindu Marriage Act does not negate the enforceability of separation agreement however it does not allow it either, so one can say that the act is silent on the issue of the separation agreement in India. Hence the agreement is not legally binding, but the quotes The clauses of the agreement to figure out the intention of the couple who seek divorce.

Now there is a difference between judicial separation and separation agreement, in a judicial separation the parties will be required 2 issue a judicial separation petition at court, However, in a separation agreement the parties Do not need to appear in the court to seeking permission to live separately, and this agreement is not binding on the court if there is any future proceeding but it can act as a persuasive factor of the case. However, in both cases, the parties will remain married.

A separation agreement contains an introductory clause, which has information about the parties, details of their family property, their occupation, income, their individual property, and property owned by both of them together.

The separation agreement will have a clause for child custody, disclose deals with the issue relating to childcare and who will after separation get to keep the child or children. The clause will also decide upon the financial upliftment of the child Unsure that the child or children are financially stable.

The separation agreement also includes the maintenance clause it is one of the most important clauses in the agreement and it needs to be designed very carefully and many things need to be considered in the clause like who will be liable to pay the maintenance, this clause should not go against any existing law or public policy, the clause needs to decide what amount of maintenance is payable until how long it needs to be paid. The clause should also mention the conditions when the flow of maintenance could be stopped.

Another important clause in a separation agreement is about the division of property, disclose will deal with properties that are movable and immovable both for example vehicle, jewelry as movable property, and the house where they live as immovable property. post-retirement benefits are also mentioned in the separation clause.

Both the spouse says will have to sign an undertaking that they have not hidden any material facts, whether intentionally or unintentionally, on any assets or debts. This clause is called the Full disclosure clause that is mentioned in the agreement to safeguard the parties.

There are other alternatives to separation agreement such as judicial separation or divorce by mutual consent. One can go to the court and claim that this separation agreement was cruelty towards them, this can be a repercussion of a separation agreement, and they can legally ask for divorce on the grounds of cruelty.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.