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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.

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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. The parties have been living separately and have not been able to live together as husband and wife. Date from which the parties have lived separately: [separation_date] 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 of the Husband and the Wife against each other to maintenance, alimony, permanent alimony and support of every kind, whether past, present or future. Nothing in this clause affects the right of any child of the marriage to maintenance, which the parties cannot give up on the child's behalf. 3. CHILD CUSTODY AND VISITATION [child_custody_terms] Where there is a child of the marriage, 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] On the return of her stridhan, jewellery, ornaments and personal belongings as set out above, the Wife shall acknowledge their receipt in writing, and thereafter no claim in respect of the items so returned shall survive. 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: ______________ Address: ______________ 2. Name: ______________________ Signature: ______________ Address: ______________

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

  1. 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.
  2. Fill in the names, dates and the agreed terms, and list stridhan items and property specifically.
  3. Each spouse should take independent legal advice before signing, as the agreement waives future claims.
  4. 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.
  5. File the agreement with the joint first motion petition under section 13B in the Family Court and make statements before the judge.
  6. 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.

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