Is a mutual consent compromise deed itself a divorce decree?

No. A private settlement records agreed terms, but dissolution of marriage requires a decree from the competent court under the law applicable to the marriage.

Can the six-month period in a Section 13B mutual-consent divorce be waived?

The Supreme Court has held that the six-month period in Section 13B(2) of the Hindu Marriage Act is directory and may be waived by the competent court in appropriate cases.

Can spouses privately agree that every criminal case will automatically end?

No. Withdrawal, compounding or quashing of criminal proceedings is governed by applicable criminal procedure and court jurisdiction. A settlement may support an appropriate application but cannot itself terminate every criminal proceeding.

Mutual Consent Compromise Deed Format for Divorce & Marital Settlement

Use this updated sample deed to record a voluntary matrimonial settlement covering mutual-consent divorce, permanent alimony or one-time settlement, stridhan and articles, children, pending civil or matrimonial proceedings, and agreed steps concerning criminal cases.

Updated: 31 August 2026

Important: This is a general sample for India, not a substitute for case-specific legal advice. The applicable divorce provision depends on the law under which the marriage was solemnised. Court procedure, stamp requirements and settlement wording can also vary by State, Union Territory and case.

Current legal position for mutual-consent matrimonial settlements

For marriages governed by the Hindu Marriage Act, 1955, divorce by mutual consent is provided by Section 13B. The parties must ordinarily have been living separately for at least one year, must have been unable to live together and must mutually agree that the marriage should be dissolved. Section 13B(2) provides for the second motion, subject to the court being satisfied about the statutory requirements.

The Supreme Court has held that the six-month waiting period under Section 13B(2) is directory rather than mandatory. A competent court may waive it in an appropriate case after considering the circumstances and the possibility of reconciliation. A waiver is not automatic.

For marriages governed by the Special Marriage Act, 1954, mutual-consent divorce is dealt with by Section 28. The legal provision and the court having jurisdiction should therefore be identified before adapting this sample.

A Family Court is required, where consistent with the nature and circumstances of the case, to make efforts to assist parties in arriving at a settlement. Mediation may also be used for appropriate disputes. The Mediation Act, 2023 provides the current statutory framework for mediation, subject to its scope and exclusions.

Criminal proceedings need separate legal steps. A clause saying that complaints or cases will be "withdrawn" does not by itself terminate a criminal case. Compounding is governed by the applicable criminal procedure, including Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 where applicable. In suitable matrimonial disputes, a party may also seek appropriate relief from the High Court under its inherent jurisdiction, but the result depends on the offence, facts, public interest and judicial order.

Do not describe the consent to divorce as irrevocable. A settlement may create contractual obligations concerning money, property or other agreed matters, but the court must still be satisfied that the statutory consent for mutual-consent divorce subsists when the decree is passed.

Before using this compromise deed

State the law governing the marriage and the date and place of marriage correctly.
List every pending case by case number, court or authority and present status.
Record payment stages, mode of payment and consequences of non-payment precisely.
Prepare a complete inventory of stridhan, jewellery, documents and other articles exchanged or returned.
If children are involved, record custody, visitation, education, medical expenses and child support separately, keeping the child's welfare paramount.
Do not use a blanket waiver to defeat rights that cannot lawfully be waived or to bind a court, investigating agency, child or third party.

Sample Mutual Consent Compromise Deed

Replace all blanks and optional clauses with facts applicable to the parties. Delete clauses that do not apply and have the final document reviewed before signing or filing.

MUTUAL CONSENT COMPROMISE / MATRIMONIAL SETTLEMENT DEED

This Mutual Consent Compromise / Matrimonial Settlement Deed ("Settlement Deed") is executed on this ____ day of __________, 20____ at __________________________.

BETWEEN

Mr. __________________________, son of __________________________, aged about ____ years, residing at ________________________________________________, hereinafter referred to as the "First Party";

AND

Ms. __________________________, daughter of __________________________, aged about ____ years, residing at ________________________________________________, hereinafter referred to as the "Second Party".

The First Party and Second Party are collectively referred to as the "Parties".

Recitals

A. The Parties were married on __________ at __________________ according to __________________ rites / under the __________________ Act, and the marriage was registered, if applicable, under registration no. __________________.

B. Owing to matrimonial differences and incompatibility, the Parties have been living separately since __________________ and efforts at reconciliation have not resulted in resumption of matrimonial life.

C. With the assistance of family members, counsel, mediator and/or well-wishers, as applicable, the Parties have voluntarily resolved their disputes and wish to record the terms of settlement without force, fraud, coercion or undue influence.

D. The Parties intend, subject to the applicable matrimonial law and orders of the competent court, to seek dissolution of their marriage by mutual consent.

Terms of Settlement

1. Mutual-consent divorce. The Parties shall jointly present and pursue a petition for divorce by mutual consent before the court having jurisdiction under the law applicable to their marriage. They shall appear and make truthful statements as required by law. Nothing in this Settlement Deed shall be construed as dispensing with any statutory requirement or the satisfaction of the competent court.

2. Settlement amount / permanent alimony. Subject to the terms below, the First Party shall pay to the Second Party a total sum of ₹__________________ (Rupees __________________________________ only) towards full and final settlement of the monetary matrimonial claims specifically identified in this Deed, including permanent alimony / maintenance and claims relating to stridhan or articles only to the extent expressly settled and legally permissible.

3. Payment schedule. The settlement amount shall be paid as follows: (a) ₹__________________ on / before filing or recording of the first motion; (b) ₹__________________ on __________________; and (c) the balance ₹__________________ at the stage of the second motion / decree / other agreed stage. Payment shall be by bank transfer, demand draft or other traceable banking mode, and acknowledgment or proof of payment shall be retained.

4. Stridhan, jewellery and personal articles. The Parties confirm that the items listed in Schedule A have been returned / shall be returned by __________________. On completion of the return recorded in Schedule A, each Party shall issue a written acknowledgment. Any item not covered by the settlement should be specifically identified rather than deemed waived by a general clause.

5. Children. [Delete if not applicable.] The Parties have the following child / children: ____________________________________. Custody shall remain with __________________, subject always to the welfare of the child and orders of the competent court. Visitation / access shall be ____________________________________. Education, medical and other expenses shall be borne as follows: ____________________________________.

6. Pending matrimonial / civil proceedings. The Parties identify the proceedings listed in Schedule B. They shall take lawful steps, including joint applications, statements, withdrawal requests or consent terms, as appropriate, for disposal of those proceedings in accordance with this settlement and subject to orders of the competent court or authority.

7. Criminal complaints or proceedings. The criminal complaints / FIRs / cases, if any, are listed in Schedule C. The Parties shall cooperate in taking such lawful steps as may be permissible for compounding, closure, withdrawal where legally allowed, or quashing before the competent court. This clause does not by itself terminate a criminal proceeding or bind the State, police, prosecution or court.

8. No fresh proceedings on settled past disputes. Subject to law, the Parties agree not to initiate fresh proceedings against each other or their family members solely on causes of action and claims that are specifically disclosed and fully settled by this Deed. This clause does not prevent enforcement of this Deed, compliance with court orders, protection of a child's rights, reporting of future conduct, or exercise of any right that cannot lawfully be waived.

9. Property / residence / belongings. Rights or arrangements concerning any shared household, immovable property, vehicle, bank account, locker, household goods or other asset shall be as follows: ________________________________________________________________________________.

10. Costs. Litigation, mediation and documentation costs shall be borne as follows: ________________________________________________________________________________.

11. Voluntary execution. Each Party states that he / she has read and understood this Settlement Deed, has had adequate opportunity to obtain independent legal advice, and is executing it voluntarily without force, fraud, coercion or undue influence.

12. Effect and enforcement. The Parties intend the lawful and severable terms of this Settlement Deed to bind them. If a term requires a court order, statutory approval or separate legal procedure, it shall take effect only in the manner permitted by law. Invalidity or unenforceability of one term shall not automatically invalidate the remaining lawful terms.

13. Default. In the event of breach of a monetary or other independently enforceable obligation under this Settlement Deed, the aggrieved Party may seek remedies available in law. The Parties may also place this Settlement Deed before the competent court in connected proceedings, subject to admissibility and applicable law.

14. Entire settlement. This Deed records the settlement reached between the Parties on the matters specifically described herein. Any modification shall be in writing and signed by both Parties, and where the settlement forms part of a judicial proceeding, shall remain subject to the orders of the competent court.

IN WITNESS WHEREOF, the Parties have signed this Settlement Deed on the date and place stated above in the presence of the witnesses named below.

FIRST PARTY
Name: __________________

SECOND PARTY
Name: __________________

WITNESS 1
Name & Address: __________________

WITNESS 2
Name & Address: __________________

Schedule A - Stridhan / jewellery / articles

________________________________________________________________________________

Schedule B - Matrimonial / civil proceedings

Case number, court / authority, parties and agreed procedural step: ____________________________

Schedule C - Criminal complaints / FIRs / proceedings

FIR / case number, police station / court, sections invoked and proposed lawful step: __________________

Official legal resources

For current statutory text and authoritative guidance, use the official resources listed in the sidebar. Before filing, also check the rules and practice directions of the Family Court or High Court having jurisdiction.

Frequently asked questions

Is this compromise deed itself enough to dissolve a marriage?

No. A private settlement records the agreed terms. Dissolution of marriage requires a decree or other legally recognised process under the law applicable to the marriage.

Can the six-month waiting period be waived?

For a petition under Section 13B of the Hindu Marriage Act, the Supreme Court has held that the period in Section 13B(2) is directory. The competent court may waive it in an appropriate case after considering the circumstances; parties should not assume waiver as a matter of right.

Can the deed state that neither spouse will ever file a case again?

A settlement can record resolution of identified existing claims and causes of action, but it should not attempt to bar enforcement of the settlement, future causes of action, child-related rights, statutory remedies that cannot be waived, or matters involving third parties or public law.

Can an FIR or criminal case be withdrawn merely by signing the settlement?

No. The parties may agree to cooperate in lawful steps for compounding, closure or quashing, but the legal result depends on the offence, applicable criminal procedure and an order of the competent authority or court.