Divorce Settlement Agreement

DIVORCE SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT is made on [agreement_date] between [husband_name], of [husband_address] (the "Husband"), and [wife_name], of [wife_address] (the "Wife"). RECITALS A. The parties were married on [marriage_date] according to Hindu rites and ceremonies. B. Owing to irreconcilable differences in temperament and outlook, the parties have been living separately since [separation_date], and have found it impossible to live together as husband and wife. C. The parties have mutually decided to dissolve their marriage by consent, and wish to record the terms on which all matters between them stand settled. D. The parties have entered into this Agreement freely and voluntarily, after understanding its terms, and after having had the opportunity to obtain independent legal advice. NOW IT IS AGREED AS FOLLOWS: 1. DISSOLUTION BY MUTUAL CONSENT The parties shall jointly present a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 before the competent court, and shall cooperate fully in its prosecution, including by appearing on all dates and making the statements required. 2. ALIMONY AND MAINTENANCE [alimony_terms] The above is agreed as full and final settlement of all claims to maintenance, alimony, permanent alimony and support of every kind, whether past, present or future. 3. CHILD CUSTODY AND VISITATION [child_custody_terms] The parties record that the welfare of the child is their paramount consideration, that neither shall speak ill of the other in the child's presence, and that each shall keep the other informed of the child's health and education. 4. DIVISION OF PROPERTY AND ASSETS [property_division] 5. STRIDHAN AND PERSONAL BELONGINGS [stridhan_return] The Wife acknowledges receipt of all her stridhan, jewellery, ornaments and personal belongings, and confirms that no claim in respect of them survives. 6. FULL AND FINAL SETTLEMENT 6.1 The parties agree that the terms recorded above are in full and final settlement of all claims, demands and disputes between them of every nature. 6.2 Neither party shall have any claim against the other, or against the other's family members, in respect of maintenance, dowry, stridhan, property, or any other matter arising out of the marriage. 6.3 Each party shall, on compliance with these terms, withdraw any complaint, case or proceeding filed against the other or against the other's family members, and shall cooperate in obtaining their quashing or disposal. 7. NON-INTERFERENCE Neither party shall interfere with the personal life, residence, employment or family of the other, nor cause any harassment of any kind. 8. CONDITIONALITY This Agreement is conditional upon the grant of a decree of divorce by mutual consent. If the petition is not allowed, this Agreement shall stand null and void and shall not be relied upon by either party in any subsequent proceeding. 9. VOLUNTARINESS Both parties declare that they have signed this Agreement voluntarily, without coercion, force, fraud, undue influence or pressure from any quarter, and after fully understanding its consequences. HUSBAND WIFE [husband_name] [wife_name] WITNESSES 1. Name: ______________________ Signature: ______________ 2. Name: ______________________ Signature: ______________ NOTE: 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.