Drafting a mutual consent settlement that survives the second motion

Family Law · 2 May 2026 · 7 min read

Parties who have agreed to separate by consent often treat the settlement as a formality to be drafted quickly and signed. It is the opposite: it is the only document that will govern their dealings for years, and it is read most closely when relations have deteriorated again.

Maintenance is the first place vagueness does damage. A figure should be stated, with the date of each payment, the mode of payment, and what happens on default. Where a lump sum is agreed, the settlement should record when and how it is to be paid and against what acknowledgement; where periodic maintenance is agreed, it should say whether and how it escalates.

Custody terms should describe arrangements, not sentiments. Which parent the child resides with during term and vacation; the days, times and place of contact with the other parent; who holds the documents; how schooling decisions are taken; and what happens if either parent relocates. A clause promising “reasonable access” is an invitation to return to court.

Property and streedhan must be listed and their delivery acknowledged in the document itself. An open-ended recital that all claims stand settled, unaccompanied by a schedule, is routinely reopened.

The statutory waiting period between motions can, in appropriate cases, be waived where the separation is long and the settlement genuine. But the waiver is discretionary and depends on the court being satisfied that the terms are fair and fully performed or secured. A well-drafted settlement is itself the strongest material for that application.