Divorce Settlement Agreement
A divorce settlement agreement records the terms on which a husband and wife married under Hindu rites agree to end their marriage by mutual consent.
Free with an account: Word or PDF, no watermark, saved to your dashboard. Each page carries a small reference footer so anyone can verify it.
An advocate's review is advised for this document before you rely on it.
You pay Legal Drive only. We pay the advocate. Nobody should ask you to pay them directly.
Attest & Sign embeds a real, independently checkable record right into the document.
Notes on using this document
Guidance for you while you fill it in. These notes are not printed in the downloaded document.
NOTES
A petition under Section 13B requires that the parties have been living separately for one year or more, and that they have not been able to live together. The court records statements on a first motion, and the second motion is ordinarily moved after six months and within eighteen months. The Supreme Court has held that the six-month period may be waived in appropriate cases. This Agreement is generally filed with the petition and its terms incorporated into the decree.
Consent to a mutual consent divorce must continue until the second motion, and either party can withdraw it before the decree. Many couples therefore tie alimony instalments to each stage of the case.
Some criminal cases, including most cases of cruelty by a husband or his relatives, cannot simply be withdrawn and need an order of the High Court to be quashed on the basis of the settlement. Take advice before relying on clause 6.3.
The parties cannot settle away a child's own right to maintenance. Child support terms can be revisited by the court if the child's needs change.
Divorce Settlement Agreement: what it is
A divorce settlement agreement records the terms on which a husband and wife married under Hindu rites agree to end their marriage by mutual consent. It covers alimony, child custody and visitation, division of property, return of stridhan, withdrawal of pending cases and non-interference, and it is usually filed with the joint petition under section 13B of the Hindu Marriage Act, 1955.
When you need this document
- A couple has been living apart for over a year and has agreed to a mutual consent divorce.
- The spouses have negotiated alimony and property terms and want them recorded before filing the first motion.
- Mediation in a family court or mediation centre has produced a settlement that needs to be written down.
- Criminal or civil cases are pending between the families and both sides want them withdrawn as part of the settlement.
What it covers
- The names and addresses of husband and wife, the date of marriage and the date from which they have lived separately.
- An agreement to jointly file and pursue a petition for divorce by mutual consent under section 13B.
- Alimony and maintenance terms, stated as a full and final settlement of all such claims.
- Child custody and visitation terms with the welfare of the child as the paramount consideration.
- Division of property, return of stridhan and personal belongings, and the wife's acknowledgement of receipt.
- Full and final settlement, withdrawal of pending cases, non-interference, a clause making the agreement void if the decree is not granted, and a voluntariness declaration.
How to fill, sign and use it
- Agree each term in detail: the alimony amount and payment schedule, who keeps the child and when the other parent visits, and who gets which asset.
- Fill in the names, dates and the agreed terms, and list stridhan items and property specifically.
- Each spouse should take independent legal advice before signing, as the agreement waives future claims.
- Print on stamp paper of the value your state requires, sign before two witnesses and get it notarised if the court or your lawyer expects it.
- File the agreement with the joint first motion petition under section 13B in the Family Court and make statements before the judge.
- Carry out the agreed payments and returns on schedule, file the second motion, and keep the decree and payment proof together.
Documents to attach or keep with it
- Marriage certificate and wedding photographs
- Identity and address proof of both spouses
- A list of stridhan, jewellery and belongings with return receipts
- Details or copies of pending cases to be withdrawn
The law behind it
Section 13B of the Hindu Marriage Act, 1955 allows divorce by mutual consent where the spouses have lived separately for at least a year and agree the marriage should end. A joint first motion is followed by a second motion, ordinarily after six months and within eighteen months, and the Supreme Court has held that the six-month period can be waived in suitable cases. The settlement terms are tested under the Indian Contract Act, 1872 and are usually recorded in the decree. Criminal cases may need a High Court order to be quashed. Couples married under the Special Marriage Act use its own mutual consent provision.
Common mistakes to avoid
- Leaving alimony payment dates vague, or paying the whole amount before the second motion without safeguards.
- Not listing stridhan items specifically, which leads to disputes over what was returned.
- Agreeing to withdraw a criminal case that cannot simply be withdrawn and needs a High Court quashing order.
- Fixing custody terms that ignore the child's schooling and needs, which the court may refuse to accept.
Divorce Settlement Agreement: frequently asked questions
Can one spouse withdraw consent after signing the settlement?
Yes. Consent for a mutual divorce must exist at the time of the second motion, and either spouse can withdraw it before the decree. That is why many settlements link alimony instalments to each stage. A court cannot pass the decree once consent is withdrawn.
Is a divorce settlement agreement valid without a court decree?
This agreement says it becomes void if the mutual consent divorce is not granted. A private settlement cannot dissolve a Hindu marriage on its own; only a court decree does that. The terms gain real force when the court records them in the decree.
Can the six-month waiting period be waived?
The court may waive it in suitable cases, for example where the couple has lived apart for a long time, all issues are settled and there is no chance of reconciliation. An application with reasons is filed after the first motion. Waiver is at the court's discretion.
Is alimony paid under a settlement final?
The agreement records the amount as full and final settlement of all maintenance claims. Courts generally respect such a settlement once it is part of the decree. Child maintenance is different, since a child's right cannot be bargained away by the parents and can be revisited if needed.
Last updated 11 October 2026.
General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.
Related guides
The law behind it, explained in plain English and checked against official sources.
Mutual Consent Divorce in India: Steps, Waiting Period, Settlement
Mutual consent divorce needs a joint petition, a year of living separately, two court appearances and a settlement both spouses stand by. The six-month gap between the motions can be waived in the right case.
Maintenance Under BNSS Section 144: Wife, Children and Parents
Section 144 of the BNSS lets a wife, children and parents who cannot support themselves claim a monthly allowance from a person with means who neglects them. Here is who qualifies, how the amount is fixed and how orders are enforced.
Marriage Registration in India: Documents, Process and Affidavits
Registering a marriage proves it. Whether you register a wedding that has already happened or marry before a Marriage Officer, here is the process, the 30-day notice, and the affidavits registrars usually ask for.
If this turns into a dispute, you can find a family lawyer or ask a verified advocate a question online.
Related documents
People drafting divorce settlement agreement often need these too.
Mutual Child Custody Agreement
Records parents' mutually agreed arrangement for child custody, visitation, and support.
Family and Personal
Settlement Agreement (General Dispute)
Records the settlement of a dispute out of court, with mutual release
General and Miscellaneous
Family Maintenance Agreement
Records an agreed maintenance amount payable to a spouse, child, or dependent parent.
Family and Personal
Mutual Consent Divorce Petition
Joint petition format for divorce by mutual consent between spouses.
Family and Personal
Separation Agreement
Records terms of a couple's separation without dissolving the marriage, including finances and living arrangements.
Family and Personal
Agreement to Sell
Preliminary contract recording terms of a property sale before the final sale deed.
Property and Real Estate
