Divorce settlement terms
The terms both spouses agree before a mutual-consent divorce.
Opens Dastavo with this paper ready to fill, on this computer or in the app. No account needed.
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Not yet reviewed by a lawyer. Check every line before it is signed.
How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
MEMORANDUM OF SETTLEMENT
This memorandum of settlement is made and executed at Amarnagar on 12 October 2026 by and between:
Anil Verma son of Shri Ramesh Verma, aged about 31 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana (hereinafter called the "FIRST PARTY (HUSBAND)", which expression shall, unless repugnant to the context, include his heirs, legal representatives and assigns) of the FIRST PART.
AND
Neha Verma wife of Shri Anil Verma, aged about 28 years, resident of House No. 204, Sector 9, Shantipur, District Shantipur, Haryana (hereinafter called the "SECOND PARTY (WIFE)", which expression shall, unless repugnant to the context, include her heirs, legal representatives and assigns) of the SECOND PART.
NOW THIS DEED WITNESSETH AND THE PARTIES HEREBY AGREE AS UNDER:
1.That the parties have decided to end their marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, and have settled all their claims on these terms.
2.That the husband shall pay ₹6,00,000 (Rupees Six Lakh only) to the wife as full and final permanent alimony and maintenance, ₹3,00,000 at the first motion and ₹3,00,000 at the second motion, by demand drafts. The wife shall have no further claim for maintenance, past, present or future.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- Both spouses' Aadhaar cards or other photo identity proofs, with proof of the present address (photocopies; the originals to show)
- A list of the stridhan and articles to be returned or kept, signed by both
- The amount, and how and when each part is paid: draft, cheque or bank-transfer details
- The children's names and dates of birth, and the custody and visiting arrangement agreed
- Details of the cases to be withdrawn: the court or police station, the number and the year
- Two witnesses, each with an identity proof
Where to go
Signed by both spouses before two witnesses, usually at the advocate's chamber or the mediation centre, and filed in the Family Court with the first motion; the court records it with the statements.
Fee
Many courts accept it on plain paper; ask your advocate whether stamp paper is wanted. A transfer of land or a house under it may need stamp duty and registration.
Good to know
- Pay by draft or bank transfer, never in cash without a receipt; the balance is usually paid at the second motion.
- A criminal case that cannot be compounded may need the High Court to quash it: see "Petition to quash an FIR on a compromise (s.528 BNSS)".
- Read every term before signing: the court records the settlement, and going back on it later is difficult.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Usually filed in court with the first motion; many courts accept it on plain paper.