MEMORANDUM OF SETTLEMENT
This Memorandum of Settlement (this "Settlement") is made at __________ on __________.
BETWEEN
__________, of __________ (the "Husband"),
AND
__________, of __________ (the "Wife").
The Husband and the Wife are each a "Party" and together the "Parties".
RECITALS
A. The Parties were married to each other on __________ at __________.
B. The Parties have been living separately since __________ and have been unable to live together as husband and wife.
C. The Parties have mutually agreed that their marriage should be dissolved by a decree of divorce by mutual consent, and intend to jointly move, or have jointly moved, a petition for that purpose under section 13-B of the Hindu Marriage Act, 1955, or under the corresponding mutual-consent provision of whichever other enactment governs their marriage.
D. Before so moving, the Parties have negotiated and now record, in this Settlement, the terms on which their marriage is to be dissolved, including the custody and maintenance of any child of the marriage, permanent alimony, stridhan, and the division of property between them.
E. Each Party has entered into this Settlement voluntarily, of their own free will, without coercion, undue influence or misrepresentation by the other, after having had the opportunity to take independent legal advice.
NOW THIS SETTLEMENT WITNESSES as follows.
- CHILDREN
1.1 __________.
- ALIMONY AND MAINTENANCE
2.1 __________.
2.2 Nothing in this clause 2 affects any statutory right to maintenance that the law does not permit to be waived in advance, or the jurisdiction of a competent court to vary an order for maintenance on a genuine change of circumstances. This clause records the Parties' present agreement and is not a surrender of a right the law does not allow them to surrender.
- STRIDHAN AND GIFTS
3.1 __________.
- PROPERTY AND BANK ACCOUNTS
4.1 __________.
- PENDING PROCEEDINGS
5.1 __________.
- COSTS
6.1 __________.
- MUTUAL RELEASE AND NO FURTHER CLAIM
7.1 On the terms of this Settlement being honoured in full, each Party releases the other, absolutely and forever, from every claim, right and obligation arising out of the marriage, except: any right to child maintenance or custody expressly reserved in clause 1; any statutory right that clause 2.2 records cannot be waived in advance; and each Party's own obligations under this Settlement.
7.2 Each Party shall sign, and shall cause to be signed, every further document and shall do every further act reasonably necessary to give effect to this Settlement and to the mutual-consent divorce petition, including appearing before the Family Court in person at both the first and second motion, personal appearance not being dispensed with by this Settlement.
- CONSEQUENCE OF BREACH
8.1 If either Party resiles from this Settlement, withdraws consent to the divorce otherwise than as section 13-B of the Hindu Marriage Act, 1955 or the corresponding provision permits, or fails to honour a term of this Settlement, the other Party may plead this Settlement and its breach before the Family Court and any other court of competent jurisdiction, and nothing in this Settlement prevents either Party from seeking any relief the law otherwise allows on such breach.
- THIS SETTLEMENT AND THE PETITION
9.1 This Settlement may be annexed to, and read as part of, the mutual-consent divorce petition the Parties jointly move, and either Party may produce it before the Family Court at __________ as recording the terms on which the decree is sought.
- GOVERNING LAW AND JURISDICTION
10.1 This Settlement is governed by the laws of India. Subject always to the exclusive jurisdiction of the Family Court in matrimonial matters, the courts at __________ have jurisdiction over any dispute concerning this Settlement that is not itself a matrimonial matter.
- GENERAL
11.1 This Settlement is the entire agreement between the Parties about the matters it covers and supersedes all prior discussions between them about those matters. No amendment is effective unless made in writing and signed by both Parties.
11.2 If any provision of this Settlement is held invalid or unenforceable, the rest of it continues in effect.
IN WITNESS WHEREOF the Parties have executed this Settlement at __________ on __________.
SIGNED by the HUSBAND
__________
Signature: ______________________________
SIGNED by the WIFE
__________
Signature: ______________________________
WITNESSES
- __________
__________
Signature: ______________________________
- __________
__________
Signature: ______________________________