Separation Agreement between Husband and Wife

Updated 30 June 2026

A private separation agreement between a husband and wife in India who have decided to live separately following differences. It records their intention to live apart and sets out arrangements for maintenance, custody and guardianship of the children, access/visitation, division of personal belongings, debts, and the agreement's automatic end on reconciliation or death. Note: as a private contract, its terms do not override the parties' or the children's statutory rights — for example, a spouse's or child's right to claim maintenance, and the court's overriding say on child custody and welfare.

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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.

9. This agreement shall be executed in duplicate. The original shall be retained by the husband and the duplicate by the wife.

IN WITNESS WHEREOF, the parties have set their respective hands to these presents and a duplicate hereof on the day and year first hereinabove written.

Signed and delivered by the within-named husband, A.

Signed and delivered by the within-named wife, Smt. X.

WITNESSES:

About this template

What is this template?

Separation Agreement between Husband and Wife is a free, ready-to-use Contract law template you can open, customize, and download on GitLaw. It gives you a professionally structured starting point, so you never have to draft from a blank page. The wording is plain and modern, organized into clear sections that are easy to read, edit, and adapt to your own situation before you share or sign it.

When should you use it?

Reach for this Contract law template whenever you need a reliable agreement quickly and want to be sure the essentials are covered. It suits individuals, freelancers, startups, and established businesses alike. Instead of paying for a document drafted from scratch, you can start here, tailor the details to your arrangement, and have a polished draft ready in minutes. This version is drafted with India in mind, though you should always review the final wording against the laws that apply to you.

What's typically included?

A well-drafted Contract law usually sets out the parties involved, the scope of the agreement, and each side's rights and responsibilities. Expect sections covering key terms and definitions, how long the agreement lasts, how it can be ended, and what happens if something goes wrong. This template brings those building blocks together in a sensible order, so you can focus on the specifics rather than worrying about what to include. Open it to read the full document, then sign up to edit, negotiate, and e-sign it directly in GitLaw.