Kaagazaat

Separation Agreement

At a glance

Price: Free, always.
Stamp duty: An agreement is chargeable with stamp duty under the Indian Stamp Act, 1899, as that Act applies in Punjab and in Chandigarh.
Registration: Not compulsorily registrable as an agreement to live apart.
Witnesses: Two adult witnesses who are not parties sign, each writing full name, address and ID reference beside the signature.

Free

Free, always.

Free: up to 5 documents a day.

Guided questions, full draft on screen, download in Word.

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Also called

Agreement to Live Separately
Marital Separation Agreement
Separation Deed
Deed of Separation
Husband Wife Separation Agreement
अलग रहने का करार
पृथक्करण करार
ਵੱਖ ਰਹਿਣ ਦਾ ਕਰਾਰ

When you need it

A private agreement between a husband and wife who have decided to live apart but are not (or not yet) divorcing. It records, in one signed paper, where each of you will live, who looks after the children and how the other parent sees them, what money one pays the other, and who keeps what: the home, the jewellery and stridhan, the household goods.

It also says that you both stay married, that neither will trouble the other, and that either of you may still go to court. It works best when the separation has already happened or is happening, and both of you are agreeing on the terms freely, ideally after each has taken advice. It is only a private agreement. It is not a decree of judicial separation, it does not end the marriage, and it cannot bind a court on the children's welfare, which the court decides for itself. Not for spouses who have agreed to divorce by mutual consent: use the Mutual Divorce Settlement Terms. Not for maintenance alone: use the Maintenance Agreement (Alimony and Child Support). Not for children alone: use the Child Custody Agreement.

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

An agreement is chargeable with stamp duty under the Indian Stamp Act, 1899, as that Act applies in Punjab and in Chandigarh. The article and amount depend on how the Revenue Department classes a paper of this kind, and no figure is stated here because it could not be confirmed. Ask at the e-stamping vendor or the Sub-Registrar before you buy the stamp, and use stamp paper in the name of one of the parties.

Registration

Not compulsorily registrable as an agreement to live apart. If the agreement itself creates or transfers a right in immovable property, that part needs a separate registered deed, because an unregistered paper cannot be relied on for it. Registration is otherwise optional but makes the paper harder to deny.

Notarisation

Not required, but advisable: a Notary records that each party appeared and signed, which makes it harder to deny a signature. Carry original photo ID.

Witnesses

Two adult witnesses who are not parties sign, each writing full name, address and ID reference beside the signature.

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Sample preview — placeholder answers, not your data

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SEPARATION AGREEMENT

This Separation Agreement is made at Panchkula on 2 April 2026 between:

Vikram Chopra, of House No. 1103, Sector 15, Panchkula 134113 (the "Husband"); and

Ritika Chopra, of House No. 340, Sector 9, Panchkula 134109 (the "Wife").

BACKGROUND

A. The Husband and the Wife were married on 1 April 2026 at Chandigarh.

B. The Husband and the Wife have lived, or will live, apart from 2 April 2026 and have agreed on the terms below. They are not divorcing by this Agreement.

THE PARTIES AGREE AS FOLLOWS:

1. Living apart. The Husband and the Wife will live separately from 2 April 2026. Each will live free from interference by the other, and neither will harass, threaten or molest the other, or approach the other's home, workplace or family in a way that causes annoyance.

2. Home and belongings. The Husband will keep living in the house at Sector 15, Panchkula. The Wife will live at Sector 9, Panchkula. The Wife will take her stridhan and jewellery listed in a schedule signed by both. Household goods are divided as the parties have agreed in writing.

3. Children. The two children, Aarav (7) and Mehar (4), will live with the Wife. The Husband will see them every second Saturday and Sunday and for half of the school holidays. Both parents will decide major matters of schooling and health together. The parties understand that a court decides what is best for the children and may change these arrangements; nothing in this Agreement limits the court.

4. Money. The Husband will pay the Wife Rs 25,000 a month by the 7th of each month, towards the Wife's and the children's expenses, and the children's school fees directly to the school. The Wife claims nothing more for now.

5. Debts. Each party is responsible for the debts and liabilities that party takes on after the date of separation, and will not hold the other responsible for them.

6. The marriage continues. This Agreement does not end the marriage, and the Husband and the Wife remain married. Neither will marry again while the marriage subsists.

7. No admission. Nothing in this Agreement is an admission by either party of fault, and neither will use it against the other as proof of fault.

8. Rights to go to court. This Agreement does not stop either party from asking a court for divorce, judicial separation, maintenance or any other relief the law allows, or from asking a court to change the arrangements for the children. Money paid under clause 4 will be counted by the parties and the court in any later claim.

9. Living together again. If the parties choose to live together again, they will tell each other in writing, and the terms of clauses 1, 2 and 4 will then end. The rest of this Agreement will stay on record as the parties' account of what was agreed.

10. Settling disagreements. If a disagreement arises, the parties will first try to settle it by talking, with a mediator or a family member they both trust, before going to court.

Questions about this document

Does the Separation Agreement need stamp paper or stamp duty in Punjab and Chandigarh?

An agreement is chargeable with stamp duty under the Indian Stamp Act, 1899, as that Act applies in Punjab and in Chandigarh.

See the full position on stamp duty, registration and witnesses

Does the Separation Agreement need registration in Punjab and Chandigarh?

Not compulsorily registrable as an agreement to live apart.

See the full position on stamp duty, registration and witnesses

What does the Separation Agreement cost on Kaagazaat?

Free, always.

Does the Separation Agreement need witnesses?

Two adult witnesses who are not parties sign, each writing full name, address and ID reference beside the signature.

See the full position on stamp duty, registration and witnesses

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