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Agreement to stay separately legally


04-Jun-2023 (In Divorce Law)
We(couple) have been married for 5 years and we get into arguments everyday, we cannot stay together for few hours also without arguments, we both know that things are not working out from last 2-3 years, we are not able to proceed for divorce because of families. We are planning to stay separately in legal way for sometime or forever. Is there any provision legally that we can stay separately for life time and be free to live our life the way we want, agreement is required for individual safety from legal issues in future. If yes, how to proceed for it and is it going to be expensive ?
Answers (3)

Answer #1
604 votes
Under law it is possible for 12 months but it may renewed by filing fresh application. But permanent solution cannot be from court. You can lead your own life by entering into Memorandum of understanding and if necessary get it registered. You will receive feedback form to your mail id. Please give me Rank FIVE Star
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Advocate Kishan Dutt Kalaskar

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Answer #2
729 votes
Respected If you are hindus by religion the agreement wont stand since the marraige is not the contract. After execution the agreement if any clause breaches , you cannot challenge the same since that agreement do not have any stand. Better you for legal saparation. (Section 10 of Hindu Marraige Act - search at google) There is a provision under hindu law. As per same you can live saparatly with certain terms and conditions. But the marriage bond continues untill you get decree of divorce. Here any condition or terms accepted or agreed will bind both parties and will stand legally. Need discussion to give you proper answer. If Legal Assaitence is required you can contact us.
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Advocate M Lakshmikanth Arya

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Answer #3
926 votes
Madam, Both of you need to file a petition before the family court for the relief of separation. The Hon'ble court can give a order for separation. It is legal method. Making of the agreement is not valid in family matter. Kindly think over it and contact me. I will guide you further.
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Advocate Bhojappa Kallihala

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