Agreement of Maintenance between Husband and Wife (Not a Separation Agreement)

THIS AGREEMENT is made this……..day of………..between AB, son of……residing at……….(hereinafter called the Husband) of the one part and CD, daughter of………..residing at……………..and wife of AB (hereinafter called the Wife) of the other part.

Hereby it is agreed between the parties hereto as follows:

1. The Husband will pay to the Wife for her support and maintenance (and for the support and maintenance of their children hereinafter mentioned) a monthly sum of Rs….during the joint lives of the parties hereto so long as the Wife shall lead a chaste life. The first payment hereunder to be made on………..
2. The Wife will, out of the said sum, support and maintain herself (and the said children) and will indemnify the Husband against all debts if incurred by her (and against all liability whatsoever in respect of the said children) and will not in any way at any time hereafter pledge the Husband’s credit.
3. The Wife, while living separate from the Husband, shall have the custody and control of the minor children of the marriage. The right of the Wife to such custody and control shall cease upon the children respectively attaining the age of eighteen years.
4. Upon the failure of the Husband to make the said payments as and when the same become due, the Wife shall be at full liberty to pursue all and every remedy in this regard, either by enforcement of the provisions hereof or as if this agreement had not been made.

IN WITNESS WHEREOF the parties hereto have signed these presents on the day, month, and year first above-written.

Signed and delivered by: AB, the Husband, in the presence of: Signed and delivered by: CD, the Wife, in the presence of:

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Agreement of Maintenance Between Husband and Wife

This Agreement is made this ………..day of ……….. between AB, son of ……….. residing at ……….. (hereinafter called the “Husband”) of the one part and CD, daughter of ……….. residing at ……….. and wife of AB (hereinafter called the “Wife”) of the other part.

WHEREAS, the parties hereto are lawfully married and are desirous of entering into this agreement for the mutual benefit and understanding.

NOW, THEREFORE, IT IS HEREBY AGREED as follows:

1. Maintenance: The Husband shall pay to the Wife, for her support and maintenance, a monthly sum of Rs. ……….. (Rupees ……….. only) on the ……….. day of each month, commencing from ……….. . This payment shall continue during the joint lives of the parties.

2. Indemnity: The Wife agrees to indemnify and hold harmless the Husband from and against any and all debts, liabilities, and obligations incurred by her, including but not limited to any debts incurred for her own support and maintenance.

3. Custody and Control of Children:

   • If the parties have any minor children, the Wife shall have the custody and control of such children.
   • This custody and control shall cease upon each child attaining the age of eighteen (18) years or upon their marriage, whichever occurs earlier.

4. Default in Payment: Upon the Husband’s failure to make any payment as and when due, the Wife shall be entitled to all remedies available to her at law or in equity to enforce this agreement or to obtain maintenance from the Husband.

5. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior   or contemporaneous communications, representations, or agreements, whether oral or written

6. 1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction where the agreement is executed].

   IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

   Signed by:

   AB (Husband)

   Signed by:

   CD (Wife)

   In the presence of:

   [Witness 1 Name and Signature]

   [Witness 2 Name and Signature]

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   Disclaimer: This is a sample agreement and may not be suitable for all situations. It is crucial to consult with a qualified legal professional to ensure that the agreement meets your specific needs and complies with applicable laws.

   Key Differences from a Separation Agreement:

   • Focus on Maintenance: This agreement primarily focuses on the Husband’s obligation to provide maintenance to the Wife.
   • No Separation: It does not necessarily imply a formal separation or impending divorce.
   • Flexibility: It can be tailored to various situations, including those where the couple may still reside together.

   Remember: This agreement should be carefully drafted and reviewed by legal counsel to ensure it protects your rights and interests.

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   For personalized legal advice and assistance in drafting or reviewing an Agreement of Maintenance, please contact Legal Light Consulting – LLC Lawyers. Our experienced team can provide expert guidance and ensure your rights are protected