To Obtain Maintenance Agreements, Kindly Provide the Following Details:
1. Personal Details of Both Parties
- Full names of both parties (husband and wife / parent and child / dependent and provider)
- Age, occupation, and address
- Relationship between parties (e.g., spouse, child, parent)
- Nationality and religion (may affect applicable personal law)
2. Marriage or Relationship Proof (if applicable)
- Marriage certificate (for spouses)
- Birth certificate (for child maintenance)
- Adoption deed (if the child is adopted)
- Court decree of divorce or separation (if post-divorce maintenance)
3. Details of Children (if applicable)
- Names, ages, and educational status
- Current living arrangements
- Any custody agreement in place
4. Income & Financial Details
- Monthly income of both parties (salary slips, IT returns)
- Assets and liabilities (movable and immovable property)
- Bank account details (for payment transfers)
- Existing financial obligations
5. Maintenance Arrangement
- Agreed monthly amount or lump sum
- Mode and frequency of payment (bank transfer, cheque, etc.)
- Duration of maintenance (e.g., until remarriage, child’s majority, or court order)
- Cost-sharing terms (school fees, medical bills, etc., if children involved)
6. Supporting Documents (Optional but Useful)
- Evidence of financial dependence
- Health records (in case of medical needs)
- Education certificates of children (to justify expenses)
- Housing rent agreement (if applicable)
7. Mutual Consent Statement
- A declaration that the agreement is made voluntarily
- A clause allowing modification upon mutual consent or court intervention
8. Signatures & Witnesses
- Signature of both parties
- Signature of two witnesses
- Date and place of execution
For inquiries or submission, contact us at: Email: [email protected] & Phone/WhatsApp: +91 70452 82751
1. What is a Maintenance Agreement?
A Maintenance Agreement is a legal contract that outlines financial support (maintenance or alimony) to be provided by one party to another—typically between spouses after separation or divorce.
2. Who can claim maintenance?
Under Indian law, wives, children, and parents can claim maintenance if they are unable to maintain themselves.
3. Is maintenance only for divorced spouses?
No. Maintenance can be claimed during the marriage, during separation, or after divorce, depending on the circumstances.
4. Can a husband claim maintenance from his wife?
Yes, under certain conditions (e.g., if he is unable to earn and the wife is financially well-off), a husband may claim maintenance.
5. What is the difference between maintenance and alimony?
- Maintenance is regular (monthly/periodic) financial support.
- Alimony is typically a one-time lump sum payment given after divorce.
6. Is a Maintenance Agreement legally binding?
Yes, when properly drafted and signed, a Maintenance Agreement can be legally enforceable and may be submitted to the court.
7. What should be included in a Maintenance Agreement?
- Names and details of both parties
- Monthly amount or lump sum agreed
- Payment mode and timeline
- Duration of payment
- Clauses for default or revision
8. Can the maintenance amount be changed later?
Yes, either party can approach the court to revise the maintenance amount if there’s a significant change in financial circumstances.
9. Does remarriage affect maintenance rights?
Yes. If the recipient spouse remarries, their right to claim maintenance generally ends under most Indian laws.
10. Do I need a lawyer to draft a Maintenance Agreement?
While not mandatory, it is highly recommended to consult a lawyer to ensure the agreement is valid, fair, and enforceable.