The After Divorce Settlement Agreement is a crucial legal document used in Indonesia following the formal dissolution of a marriage. It is particularly important when there are significant assets, children, or ongoing financial obligations to be addressed between the former spouses. The agreement must comply with Indonesian marriage law, including Law No. 1 of 1974, and for Muslim citizens, the Compilation of Islamic Law. This document typically comes into play after the divorce decree has been issued but before the final settlement of all divorce-related matters. It covers essential aspects such as property division, child custody, support payments, and other post-divorce arrangements. The agreement can be used in both civil and religious courts, depending on the parties' religious status, and serves as a legally binding document that can be enforced through the Indonesian legal system.
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1. Parties: Identification and details of both former spouses entering into the agreement
2. Background: Brief history of the marriage, divorce decree details, and purpose of this settlement agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Division: Detailed arrangement for the division of marital assets and liabilities
5. Financial Settlement: Terms of any financial settlements, including one-time payments or periodic payments
6. Child Custody and Care: Primary custody arrangements, visitation rights, and decision-making authority regarding children
7. Child Support: Financial arrangements for child support, including payment amounts, frequency, and duration
8. Tax Matters: Agreement on handling tax obligations and deductions
9. Dispute Resolution: Process for resolving any future disputes regarding the agreement
10. Governing Law: Specification of Indonesian law as governing law and relevant jurisdiction
11. Amendment and Modification: Procedures for making changes to the agreement
12. Execution: Signature requirements and effective date of the agreement
1. Spousal Support: Terms of alimony or maintenance payments, if applicable
2. Religious Obligations: Specific arrangements regarding religious obligations, particularly relevant for Muslim couples
3. Educational Arrangements: Specific provisions for children's education if there are special requirements or agreements
4. Medical and Healthcare: Arrangements for medical insurance and healthcare responsibilities, particularly for children
5. Business Interests: Division or management of shared business interests, if applicable
6. Intellectual Property Rights: Division of intellectual property rights acquired during marriage, if applicable
7. International Travel: Provisions for international travel with children, particularly relevant for international couples
8. Future Asset Discovery: Provisions dealing with assets discovered after the execution of the agreement
1. Schedule A - Asset Inventory: Detailed listing of all assets being divided, including properties, vehicles, and personal items
2. Schedule B - Liability Inventory: Detailed listing of all debts and liabilities being allocated between parties
3. Schedule C - Child Support Calculations: Detailed calculations of child support obligations based on Indonesian guidelines
4. Schedule D - Visitation Schedule: Detailed calendar of visitation arrangements, including holidays and special occasions
5. Schedule E - Insurance Policies: List of insurance policies and their allocation between parties
6. Appendix 1 - Court Orders: Copies of relevant court orders, including the divorce decree
7. Appendix 2 - Property Valuations: Professional valuations of significant assets
8. Appendix 3 - Children's Special Needs: Documentation of any special needs or requirements for children, if applicable
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