Divorce Agreement Document Template for Indonesia

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Key Requirements PROMPT example:

Divorce Agreement Document

"I need a Divorce Agreement Document for a Muslim couple in Jakarta with two minor children, addressing joint custody arrangements and division of our family business assets, with the agreement to take effect from March 2025."

Document background
The Divorce Agreement Document is a crucial legal instrument in Indonesian divorce proceedings, used to formalize the dissolution of marriage and establish post-divorce arrangements. This document is essential when married couples in Indonesia decide to formally end their marriage through either religious courts (for Muslim couples) or civil courts (for non-Muslim couples). The agreement must comply with Law No. 1 of 1974 on Marriage, Government Regulation No. 9 of 1975, and for Muslim couples, the Islamic Law Compilation. It typically includes comprehensive provisions for property division, financial settlements, child custody arrangements, and ongoing obligations between parties. The document serves as both a legal record of the divorce terms and a binding agreement that can be enforced by courts. Its preparation often requires input from legal professionals to ensure compliance with both civil and religious requirements, particularly given Indonesia's dual legal system.
Suggested Sections

1. Parties: Identification of both spouses including full legal names, addresses, and relevant identification numbers

2. Background: Brief history of the marriage including date and place of marriage, current living situation, and general reasons for divorce

3. Definitions: Key terms used throughout the agreement including property categories, maintenance, and other relevant terminology

4. Divorce Declaration: Formal statement of mutual agreement to divorce and the intended legal basis for divorce under Indonesian law

5. Division of Matrimonial Assets: Comprehensive arrangements for division of joint property (harta bersama) acquired during marriage

6. Financial Settlement: Details of any financial arrangements, including maintenance payments, division of debts, and pension arrangements

7. Living Arrangements: Immediate arrangements regarding the marital home and future living arrangements

8. Legal Proceedings: Agreement on approach to divorce proceedings, whether through religious or civil courts

9. Tax Matters: Arrangements regarding tax liabilities and responsibilities

10. Confidentiality: Provisions regarding privacy and confidentiality of the agreement and divorce matters

11. Governing Law: Confirmation that the agreement is governed by Indonesian law and relevant religious law if applicable

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

Optional Sections

1. Child Custody and Care: Required if there are children from the marriage - details custody arrangements, visitation rights, and parental responsibilities

2. Child Maintenance: Required if there are children - specifies financial support arrangements for children

3. Religious Requirements: Required for Muslim couples - includes specific provisions required under Islamic law

4. Business Interests: Required if spouses have joint business interests - details division or management of business assets

5. Overseas Assets: Required if couple has international assets - specifies handling of foreign property or investments

6. Educational Arrangements: Required if there are school-age children - details agreements about children's education

7. Medical Care: Required if there are ongoing medical needs - specifies arrangements for medical insurance and care

8. Inheritance Rights: Optional section addressing any agreed changes to inheritance arrangements

9. Pet Care: Required if couple has pets - details arrangements for pet custody and care

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their agreed division

2. Schedule B - Property Valuations: Professional valuations of major assets including real estate and vehicles

3. Schedule C - Child Custody Schedule: Detailed visitation and custody calendar if children are involved

4. Schedule D - Financial Obligations: Detailed breakdown of financial commitments and payment schedules

5. Schedule E - Business Assets: Detailed inventory and division plan for business assets if applicable

6. Appendix 1 - Marriage Certificate: Copy of original marriage certificate

7. Appendix 2 - Property Documents: Copies of property ownership documents and titles

8. Appendix 3 - Court Orders: Copies of any existing court orders or relevant legal documents

9. Appendix 4 - Children's Documents: Copies of children's birth certificates and relevant documents 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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