A Separation Agreement is a post-marriage agreement. In a separation agreement, the couple mutually decides to separate without the help of any judicial intervention. Therefore, without any divorce petition or decree for judicial separation, the couple part their way mutually.
In India, a separation agreement is considered against public policy. Hence, courts do not give emphasis to such agreement.In India, a separation agreement is considered against public policy. Hence, courts do not give emphasis to such agreement.Such types of agreements are used where the couple does not want to get into the trouble faced due to judicial interventions.
Separation agreements mainly contains clauses such as Introductory clauses which contain information like date of agreement, name of husband and wife, details about the family property, information about parties income , etc. Other clauses include maintenance clause, child custody, division of property, post retirement benefits, vehicle, full disclosure clause.