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Divorce Settlement Agreement Format in India

A modern sample matrimonial settlement for spouses resolving divorce by mutual consent, alimony and maintenance, stridhan, property, pending proceedings and-where applicable-child custody and support.

Legally reviewed and updated: 30 August 2026
Important: A settlement agreement does not itself dissolve a marriage. A marriage governed by the Hindu Marriage Act, 1955 is dissolved only by a competent court decree. For mutual consent divorce under Section 13B, the statutory conditions must be satisfied and both parties ordinarily participate in the required court process.

What this settlement format covers

Current Legal Position on Matrimonial Settlement Agreements

Indian family law encourages negotiated resolution of matrimonial disputes. Section 9 of the Family Courts Act, 1984 requires Family Courts, where possible, to make efforts to assist and persuade parties to arrive at a settlement. A properly drafted settlement can therefore be an important record of agreed terms relating to divorce, maintenance or alimony, stridhan, property, pending proceedings and other matrimonial claims.

For marriages governed by the Hindu Marriage Act, 1955, Section 13B permits divorce by mutual consent where the parties have been living separately for at least one year, have not been able to live together and have mutually agreed that the marriage should be dissolved. Section 13B(2) provides for the second motion after six months and within eighteen months of the first petition. The Supreme Court in Amardeep Singh v. Harveen Kaur held that the six-month period is directory and may be waived by the court in appropriate cases; waiver is not automatic.

Terms relating to maintenance and permanent alimony may also engage Sections 24 and 25 of the Hindu Marriage Act. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 contains the general statutory provision for maintenance of wives, children and parents that replaced the former Section 125 CrPC framework from 1 July 2024.

Do not use a settlement to contract out of mandatory law. A private agreement cannot by itself compel a court to grant divorce, conclusively determine a minor child's welfare, automatically quash a criminal case, or create contempt jurisdiction. Where court orders, quashing, withdrawal or compounding are required, the parties must follow the procedure permitted by the applicable law and the competent court.

Points to Settle Before Signing

  • Applicable marriage law and correct court jurisdiction.
  • Date of marriage, date of separation and present addresses.
  • Whether divorce will proceed under Section 13B of the Hindu Marriage Act or another applicable personal law.
  • Total alimony/settlement amount, instalments, payment mode and payment milestones.
  • Return and acknowledgement of stridhan, jewellery, documents and personal belongings.
  • Ownership, possession or transfer of specified movable and immovable property.
  • Exact case numbers and lawful steps for withdrawal, disposal, compounding or quashing of pending proceedings.
  • Child custody, residence, access/parenting time, education, medical expenses and support, subject always to the child's welfare and court orders.
  • Income-tax, stamp, registration or transfer consequences of any property or monetary transaction, where applicable.

Sample Divorce Settlement Agreement Format

Adapt the clauses to the facts and applicable personal law. Delete clauses that do not apply. Do not sign blanks in a final executed agreement.

WITHOUT PREJUDICE, UNTIL EXECUTED

MATRIMONIAL SETTLEMENT AGREEMENT

This Matrimonial Settlement Agreement ("Agreement") is executed on this day of , 20 at by and between:

Ms./Mrs. , daughter of , presently residing at , hereinafter referred to as the "First Party";

AND

Mr. , son of , presently residing at , hereinafter referred to as the "Second Party".

The First Party and Second Party are collectively referred to as the "Parties". References to either Party shall, where the context lawfully permits, include that Party's legal representatives and successors.

Recitals

A. The marriage between the Parties was solemnized on at in accordance with rites/law.

B. The Parties have been living separately since . They state that matrimonial differences have arisen and that reconciliation efforts have not resulted in resumption of matrimonial life.

C. The Parties have voluntarily decided to resolve their matrimonial disputes and, where legally permissible, seek dissolution of their marriage by mutual consent before the competent court.

D. The following proceedings are presently pending between the Parties and/or their family members, if any: [insert court, case number, title and present status].

E. After negotiations/mediation and with an opportunity to obtain independent legal advice, the Parties have agreed to record the following terms voluntarily and without force, fraud, coercion or undue influence.

Terms and Conditions

1. Divorce by mutual consent. Subject to the applicable matrimonial law and satisfaction of the competent court, the Parties intend to file/prosecute a joint petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, if that Act governs their marriage, or under the corresponding provision of the personal law applicable to them.

2. First and second motion. The Parties shall take steps for the first and second motions within the periods permitted by law and the directions of the competent court. If legally available on the facts, either or both Parties may jointly request waiver of the six-month period in accordance with law. Nothing in this Agreement shall be read as guaranteeing that the court will grant a waiver or decree.

3. Continuing consent and court process. The Parties agree to cooperate in good faith with the agreed matrimonial process and to make truthful statements before the court. The legal requirement of consent at the relevant stage, and the consequences of any withdrawal from a court-recorded or mediated settlement, shall be governed by applicable law and orders of the competent court.

4. Full and final financial settlement. Subject to the terms below, the Party shall pay to the Party a total sum of ₹ (Rupees only) towards agreed settlement of the specified claims for maintenance/alimony and other matrimonial monetary claims.

5. Payment schedule. The settlement amount shall be paid as follows:

(a) ₹ at/on by bank transfer/demand draft;

(b) ₹ at/on by bank transfer/demand draft;

(c) balance ₹ at/on , subject to .

6. Stridhan, jewellery and personal articles. The Parties record that the articles listed in Schedule A shall be returned/handed over to the First Party on or before . Upon delivery, an item-wise signed acknowledgement shall be prepared. Any article expressly stated as already received shall be identified in Schedule A.

7. Movable and immovable property. The Parties agree that the property identified in Schedule B shall be dealt with only in the manner stated there. Any transfer requiring a registered instrument, stamp duty, tax compliance, lender consent or other statutory formality shall be completed separately in accordance with law. No property right is intended to be transferred merely by this clause where the law requires another instrument.

8. Residence and possession. If either Party is to vacate any premises, the agreed premises, date, delivery of keys, removal of belongings and condition of possession shall be recorded here: .

9. Pending civil/family proceedings. Subject to receipt/performance of the linked settlement obligations, the Parties shall take lawful steps before the competent court or authority for withdrawal, disposal or recording of settlement in the proceedings specifically listed in Schedule C.

10. Criminal complaints/proceedings. For any criminal proceeding listed in Schedule C, the Parties shall cooperate only to the extent legally permissible for compounding, withdrawal, closure or quashing before the competent court. This Agreement does not by itself terminate a criminal proceeding.

11. Domestic Violence Act proceeding. If an application under the Protection of Women from Domestic Violence Act, 2005 is pending, the concerned Party shall take the agreed lawful step before the competent court after the corresponding settlement obligation is performed. The exact case number and proposed procedural step must be stated in Schedule C.

12. Maintenance and alimony. The financial settlement in this Agreement is intended to settle only the claims specifically described here, subject to acceptance by the competent court where required. Any existing maintenance order shall continue to operate unless modified, varied, satisfied or set aside by the competent court in accordance with law.

13. No undisclosed automatic waiver. Except for claims expressly identified and lawfully settled in this Agreement, neither Party shall be treated as having waived a statutory or proprietary right merely by general words. The Parties intend that the settlement be interpreted according to its express terms and applicable law.

14. Future matrimonial claims. Upon complete performance of the settlement and subject to the decree/orders of the competent court, the Parties intend that the matrimonial claims expressly settled by this Agreement shall stand fully resolved. This clause does not prevent either Party from taking legal action for breach of this Agreement or from invoking rights that cannot lawfully be waived.

15. Children of the marriage. [Choose one]

(a) No child was born/adopted from the marriage; OR

(b) The Parties have the following child/children: .

16. Custody, access and child support. If there are minor children, the proposed arrangement is set out in Schedule D, including residence, parenting time/access, holidays, school decisions, medical care, travel permissions and financial support. The Parties acknowledge that every child-related arrangement remains subject to the welfare and best interests of the child and to the jurisdiction of the competent court.

17. Communication and privacy. The Parties shall, after separation/divorce, respect each other's privacy and shall not harass, threaten or unlawfully interfere with the other. Necessary communication concerning children, implementation of this Agreement, court proceedings or legal rights is permitted.

18. Non-disparagement. The Parties agree not to knowingly publish false or defamatory allegations concerning the other Party or their family members. This clause does not restrict truthful statements made in good faith to a court, police, statutory authority, lawyer, doctor, counsellor or other person where disclosure is legally protected or reasonably necessary.

19. Voluntary execution. Each Party confirms that the Agreement has been read and understood, that sufficient opportunity was available to obtain independent legal advice, and that execution is voluntary and free from force, fraud, coercion, misrepresentation or undue influence.

20. Court recording/incorporation. The Parties may request the competent court, where legally permissible, to take this Agreement on record or incorporate appropriate terms into an order/decree. Any undertaking given to a court shall have the legal consequences determined by that court and applicable law.

21. Breach. In the event of breach, the aggrieved Party may seek such remedy as is available in law, including enforcement of a court-recorded settlement or order where applicable. A breach of a purely private agreement shall not automatically constitute contempt of court.

22. Entire settlement. This Agreement and its Schedules contain the entire settlement on the matters expressly covered by them. Any amendment shall be in writing and signed by both Parties, subject to any further requirement of law or court approval.

23. Severability. If any provision is held unenforceable, the remaining provisions shall continue to operate to the extent legally permissible, provided the essential basis of the settlement is not defeated.

24. Jurisdiction. Proceedings concerning the matrimonial decree, enforcement or recording of settlement shall be brought before the court or authority having jurisdiction under the applicable law. The Parties cannot confer subject-matter jurisdiction on a court that does not otherwise possess it.

25. Effective date. This Agreement takes effect on execution, subject to any clause expressly made conditional upon payment, court approval, registration, decree or another stated event.

IN WITNESS WHEREOF, the Parties have signed this Agreement on the date and place first written above in the presence of the witnesses named below.

FIRST PARTY
Name:
Signature:
SECOND PARTY
Name:
Signature:
WITNESS 1
Name:
Address:
Signature:
WITNESS 2
Name:
Address:
Signature:

Schedule A - Stridhan / Jewellery / Personal Articles

Insert an item-wise list, present status, date/mode of return and acknowledgement.

Schedule B - Property / Assets

Identify each asset accurately, including title details, agreed treatment and any separate deed or registration required.

Schedule C - Pending Cases / Complaints

For each matter state the court/authority, case number, parties, statute, current stage and the exact lawful step proposed after settlement performance.

Schedule D - Child Arrangements

Where applicable, record the proposed custody/residence, access or parenting schedule, education, healthcare, travel, special expenses and child-support mechanism.

Why the Updated Format Is Safer

The earlier approach commonly seen in old settlement formats can create avoidable legal problems when it states that consent can never be withdrawn, that all future legal rights are automatically extinguished, or that every breach amounts to contempt. The safer approach is to identify precisely what is being settled, link reciprocal obligations to clear milestones, and distinguish a private contract from a settlement or undertaking recorded by a court.

For minor children, parents may propose arrangements, but the court retains power under Section 26 of the Hindu Marriage Act and other applicable guardianship law to protect the child's welfare. Property clauses should also identify whether a separate registered conveyance, release deed, gift deed or other instrument is legally required.

Frequently Asked Questions

Is a divorce settlement agreement legally valid in India?

It can be legally relevant and enforceable according to its terms, subject to the applicable statute, public policy, the nature of the rights involved and any required court approval or procedure. Matrimonial settlements are routinely used to resolve disputes, but the agreement itself does not grant a divorce decree.

Can the six-month cooling-off period be waived?

Yes, in an appropriate case. Section 13B(2) states the six-month interval, but the Supreme Court has held that it is directory rather than mandatory. The competent court considers whether the requirements for waiver are met; parties should not assume waiver as a matter of right.

Can a settlement automatically withdraw a Domestic Violence Act case?

No. The agreement can record the agreed procedural step, but the party or parties must approach the competent court and follow the procedure permitted by law.

Can a settlement finally bind the court on child custody?

No. A proposed parenting arrangement is important evidence of parental agreement, but the welfare and best interests of the child remain paramount and the competent court can make or vary appropriate orders.

Should settlement payments be linked to court milestones?

They commonly are. The agreement should state exact amounts, dates, payment modes and the event linked to each instalment, while avoiding terms that unlawfully penalise a party or attempt to dictate the court's decision.

Legal Disclaimer

This page provides a general sample format and legal information, not legal advice for any individual case. Matrimonial settlements can affect maintenance, property, criminal proceedings, taxation, succession and child-related rights. Have the final document reviewed for the facts, personal law, pending cases and court jurisdiction applicable to the parties before execution.