Divorce Settlement Agreement Template and How to Draft One (2026)

What is a divorce settlement agreement, and when do you need one? A divorce settlement agreement, often called a memorandum of settlement or mutual settlement deed, is a written record of the terms a separating couple agrees on before they ask a court to end the marriage. It covers the money, the children, the property and the withdrawal of pending cases, so the court has a clear, agreed picture to act on. In India, this document usually sits alongside a petition for divorce by mutual consent. For Hindus, Buddhists, Jains and Sikhs, that petition is filed under Section 13B of the Hindu Marriage Act, 1955. The settlement agreement is what the two sides actually negotiate; the petition is the formal court filing that refers to it. You need one whenever both spouses agree to separate and want the terms written down clearly, so there is no dispute later about maintenance, custody, or who keeps what. Even an amicable split benefits from a precise written record. This article is general guidance, not legal advice. Family law in India varies by the religion of the parties and by the facts of each case, so have a qualified family lawyer review any agreement before you rely on it. ## Divorce settlement agreement template Copy the block below and fill the bracketed fields. ```

MEMORANDUM OF SETTLEMENT (DIVORCE BY MUTUAL CONSENT) This Memorandum of Settlement is made on [DATE] BETWEEN: [NAME OF HUSBAND], son of [], residing at [address] ("First Party") AND [NAME OF WIFE], daughter of [], residing at [address] ("Second Party") BACKGROUND A. The parties were married on [DATE] at [PLACE] under [applicable law]. B. The parties have been living separately since [DATE] and have decided that the marriage cannot continue. C. The parties wish to record the full and final terms of their separation and to seek a divorce by mutual consent. 1. DIVORCE BY MUTUAL CONSENT Both parties agree to jointly file and pursue a petition for divorce by mutual consent under [Section 13B of the Hindu Marriage Act, 1955 / the law applicable to them] and to cooperate in all steps, including the first and second motions. 2. CHILDREN: CUSTODY AND ACCESS Custody of the child/children, namely [names and dates of birth], shall rest with [___]. The other parent shall have access as follows: [set out days, holidays, travel]. Both parents remain the natural guardians. 3. CHILD SUPPORT [Paying party] shall pay [CURRENCY/AMOUNT] per month towards each child's maintenance and education until [age/event], plus [school fees / medical costs] as agreed. 4. MAINTENANCE AND ALIMONY [Choose one:] (a) [Paying party] shall pay a one-time lump sum of [CURRENCY/AMOUNT] as full and final alimony; OR (b) [Paying party] shall pay [CURRENCY/AMOUNT] per month as permanent maintenance. The receiving party gives up all further claims to maintenance. 5. MATRIMONIAL HOME AND PROPERTY The property at [address] shall be [retained by / transferred to / sold and divided as ___]. Movable assets, jewellery (streedhan) and household items shall be divided as set out in Schedule A. 6. STREEDHAN AND PERSONAL ITEMS The Second Party confirms that all streedhan and personal articles have been [returned / will be returned by [DATE]]. 7. WITHDRAWAL OF CASES On grant of the divorce, both parties shall withdraw all pending cases, complaints and proceedings against each other and their families, and shall not file fresh ones on the same facts. 8. FULL AND FINAL SETTLEMENT This is the full and final settlement of all claims between the parties arising from the marriage. Neither party shall make any further claim against the other. 9. VOLUNTARY AND WITHOUT COERCION Both parties confirm they sign freely, without force, fraud or undue influence, and after understanding the terms. Signed: First Party: __________ Second Party: __________ Witness 1: __________ Witness 2: __________

- **Children (clauses 2 and 3).** Courts decide custody on the welfare of the child, not on what the parents agree, so write terms that are genuinely in the child's interest. Set out custody, a clear access schedule, and who pays what for support and education.
- **Maintenance and alimony (clause 4).** Decide between a one-time lump sum and recurring payments. A lump sum gives a clean break; recurring payments need a clear end event. State plainly that the receiving party gives up further claims, so the matter is settled.
- **Property and streedhan (clauses 5 and 6).** List every asset and say who keeps it. Streedhan, the woman's own property and gifts, legally belongs to her and should be accounted for separately.
- **Withdrawal of cases (clause 7).** Many settlements turn on both sides dropping pending complaints. Make this mutual and tie it to the grant of divorce.
- **Voluntary consent (clause 9).** Courts look closely at whether consent is free. The Supreme Court has confirmed that the six-month cooling-off period between the two motions under Section 13B(2) can be waived where the parties have lived apart for over a year and have fully settled (Amardeep Singh v. Harveen Kaur, 2017). Recording free consent helps. ## Common mistakes to avoid - Treating the agreement as self-enforcing. A settlement reached and recorded by the court becomes part of the decree, but a court cannot force a spouse to give consent at the second motion even after signing. One spouse can still withdraw consent, so the divorce itself is not guaranteed by the agreement alone. <!-- [VERIFY: Delhi HC has held courts cannot compel consent despite a settlement; confirm current position before relying] -->
- Vague custody or access terms that cause fresh disputes later.
- Forgetting streedhan, so the woman's own property is left out.
- No clear end point for recurring maintenance.
- Leaving pending cases unaddressed, so litigation continues after the divorce. ## A note on jurisdiction This template is written for India. The grounds, the cooling-off period and the maintenance rules differ by the law that governs your marriage, and family courts apply their own practice. A settlement that is fair, clearly drafted and recorded by the court stands the best chance of being honoured. Because consent can be withdrawn at the second motion, and because child welfare overrides parental agreement, this is an area where local legal advice matters more than usual. ## Where a contract workspace helps A template gives you a clear settlement to negotiate. The surrounding work is what takes time: keeping each version straight as terms change, checking that the custody, maintenance and property clauses line up with the court petition, tracking the dates for the first and second motions, and making sure nothing agreed is left out of the final draft. Drafting a settlement and modelling it as linked clauses, so a change to maintenance flows through consistently and the motion dates stay in view, can live in one AI contract workspace, with terms edited in plain language. [Adira](https://adiralaw.com) is one workspace of that kind for a settlement like this. This template alone is enough to prepare a fair settlement.