Binding Separation Agreement Template for Indonesia

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Key Requirements PROMPT example:

Binding Separation Agreement

"I need a Binding Separation Agreement under Indonesian law for a couple who jointly own a technology business, with provisions for continued business cooperation until March 2025 and specific clauses addressing intellectual property rights and profit sharing."

Document background
The Binding Separation Agreement is a crucial legal document used in Indonesia when married couples decide to formally separate but may not yet be ready for, or interested in, immediate divorce proceedings. This agreement serves as a comprehensive framework that outlines the rights, responsibilities, and obligations of both parties during their separation period. It must comply with Indonesian Marriage Law, Civil Code requirements, and where applicable, religious law considerations. The document typically includes detailed provisions for asset division, financial arrangements, child custody (if relevant), and ongoing obligations. Given Indonesia's unique legal system that recognizes both civil and religious authority in family matters, the Binding Separation Agreement often needs to address both secular and religious aspects of the separation. This document is particularly valuable for couples who need to establish clear legal and financial boundaries while maintaining their married status for personal, religious, or practical reasons.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the marriage, reasons for separation, and intent of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Date of Separation: Official date of separation and its legal implications

5. Legal Status: Acknowledgment that this is a binding agreement and its relationship to future divorce proceedings

6. Division of Property: Comprehensive arrangement for division of matrimonial assets and liabilities

7. Financial Arrangements: Details of financial settlements, including any ongoing payments or maintenance

8. Tax Considerations: Agreement on handling tax matters and obligations

9. Confidentiality: Terms regarding privacy and confidentiality of the agreement and separation

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Governing Law: Confirmation of Indonesian law as governing law and relevant jurisdictional matters

12. Execution: Signing requirements and execution formalities

Optional Sections

1. Child Custody and Support: Required if the couple has children - details custody arrangements, visitation rights, and child support obligations

2. Religious Considerations: Required for Muslim couples - includes specific provisions under Islamic law

3. Business Interests: Required if parties have shared business interests - details division or management of business assets

4. Intellectual Property Rights: Required if parties have shared IP rights - details ownership and usage rights post-separation

5. Pension and Insurance: Required if parties have shared pension or insurance policies - details division or continuation of benefits

6. International Assets: Required if parties have overseas assets - details handling of international property and compliance with foreign laws

7. Future Divorce Proceedings: Optional section detailing agreement on future divorce process and terms

8. Social Media and Privacy: Optional section regarding social media behavior and public announcements about the separation

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets including properties, vehicles, and valuable items

2. Schedule B - Liability Inventory: Comprehensive list of all shared debts and financial obligations

3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties including income, investments, and financial interests

4. Schedule D - Child Care Schedule: Detailed parenting schedule and special arrangements for children (if applicable)

5. Schedule E - Support Calculations: Calculations and basis for any maintenance or support payments

6. Appendix 1 - Marriage Certificate: Copy of the marriage certificate and other relevant marriage documentation

7. Appendix 2 - Property Documents: Copies of property titles, vehicle registrations, and other asset documentation

8. Appendix 3 - Business Valuations: Professional valuations of any business interests (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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