Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
SEPARATION AGREEMENT BETWEEN HUSBAND AND WIFE
THIS AGREEMENT is made at ______ on this ______ day of ____________, 20____,
Between A, son of B, resident of ____________________ (hereinafter called "the Husband") of the ONE PART, and Smt. X, his wife (hereinafter called "the Wife") of the OTHER PART.
WHEREAS the husband and wife are living separately due to differences and disputes having arisen between them; AND WHEREAS they want to live separate and apart from each other, and intend to live separate at all times hereafter unless there is any reconciliation.
NOW THIS AGREEMENT WITNESSETH THAT:
1. The parties shall live separately and apart from each other, and no party shall have any right or authority over the other, or shall institute any legal proceeding for restitution of conjugal rights or otherwise.
2. The husband shall, during the lifetime of the wife, pay to her a sum of Rs. ______ p.m. for her maintenance and the maintenance of the children. However, if the wife does not lead a chaste life, the husband shall be entitled to stop the payment of the maintenance allowance after giving her notice.
3. The wife shall be entitled to the custody and guardianship of the children of the marriage, namely C and D, now aged ______ years and ______ years respectively. The wife shall maintain and educate the said children until they shall respectively attain the age of majority. The husband shall not be liable for any claims or demands of the children, and the wife shall keep the husband indemnified from and against all claims and demands in respect of such children.
4. The wife shall pay for and discharge all liabilities or debts incurred by her after the date of these presents, whether for maintenance, support or otherwise, and the husband shall not be liable for the same. The wife shall indemnify and keep indemnified the husband against all claims, actions and demands on that account; and if the husband has to pay any sum on account of the liabilities or debts incurred by the wife, he is entitled to deduct the same from the amount payable to the wife under this agreement.
5. The wife may remove all her wearing apparel, jewellery and other personal effects, etc. belonging to her from the husband's place, and retain the said goods as her separate property.
6. The husband may have access to the children every Sunday between 7.00 A.M. and 9.00 P.M. He may have the sole society of the children in the said timings on the said day.
7. Notwithstanding anything contained in this agreement, it is expressly agreed that if at any time hereafter the parties live together as husband and wife with mutual consent, then in that case the said sum payable to the wife under this agreement shall no longer be payable, and the agreements hereinabove contained shall become void.
8. This agreement shall be revoked by the death of either the husband or the wife.
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About this template
What is this template?
This is a private contractual arrangement between spouses to live apart without a formal divorce decree. It contains specific provisions for monthly maintenance in Rupees and a morality clause regarding the wife's lifestyle. It is not a court-ordered decree or a final divorce settlement.
When should you use it?
Use this when spouses agree to live separately and want to document maintenance and custody rights without immediate court intervention. Use a Divorce Settlement Agreement instead if the parties are filing for a formal dissolution of marriage.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Living Separately | Prohibits both parties from instituting legal proceedings for restitution of conjugal rights while living apart. |
| 2 | Maintenance | The Husband pays a monthly sum in Rupees for the maintenance of the Wife and children, subject to her leading a chaste life. |
| 3 | Custody and Guardianship | Grants the Wife custody of children C and D until they attain the age of majority. |
| 4 | Indemnity | The Wife indemnifies the Husband against any debts she incurs after the date of the agreement. |
| 5 | Personal Property | Permits the Wife to remove and retain her wearing apparel, jewellery, and personal effects as separate property. |
| 6 | Visitation Rights | Allows the Husband access to the children every Sunday between 7.00 A.M. and 9.00 P.M. |
| 7 | Reconciliation | Voids the maintenance obligations and the agreement entirely if the parties resume living together by mutual consent. |
Who it's for
- spouses in India intending to live separately while settling maintenance and child custody outside of court
- parents arranging Sunday visitation schedules and monthly maintenance in Rupees during a marital split
How long it runs and how it's signed
How long
Runs until someone ends it
Signed by
Husband, Wife
Witness
Required
Notarisation
Not required
Also needed
executed in duplicate
Categories
Jurisdiction
India
Document info
GitLaw document. Document created on Fri Jun 26th, 2026. Last updated on Tue Jun 30th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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