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Marital Property Agreement

Marital Property Agreement Template for Indonesia

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a Marital Property Agreement for my upcoming marriage in March 2025, specifically addressing my tech startup ownership and assets in both Indonesia and Singapore, with clear provisions for keeping my business interests as separate property."

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Document background
The Marital Property Agreement (Perjanjian Pra-Nikah) is a crucial legal document in Indonesian family law, designed to establish clear property rights and financial arrangements between spouses. This document becomes particularly important in cases involving substantial assets, business ownership, international property, or complex financial arrangements. Following the Constitutional Court Decision No. 69/PUU-XIII/2015, such agreements can be executed either before or during marriage, providing flexibility for couples to protect their interests. The agreement must comply with Indonesian legal requirements, including proper notarization and registration, and can address various aspects such as property division, business interests, inheritance rights, and debt obligations. It's especially relevant for business owners, professionals, and individuals with significant assets who wish to establish clear financial boundaries within their marriage.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement, including their full legal names, occupation, residence, and citizenship status

2. Background: Context of the agreement, including the parties' intention to marry, date of planned marriage, and general purpose of entering into this agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'separate property', 'joint property', 'pre-marriage assets', and other relevant terms

4. Separate Property: Detailed listing and categorization of assets and liabilities that will remain as separate property of each party

5. Joint Property: Definition and treatment of assets and liabilities acquired during marriage, including management rights and decision-making authority

6. Property Management: Rules and procedures for managing both separate and joint property during marriage

7. Business Interests: Treatment of existing and future business interests, including ownership, management rights, and profit sharing

8. Debts and Liabilities: Handling of existing and future debts, including responsibility for payment and liability protection

9. Property Division Upon Dissolution: Procedures and principles for division of property in case of divorce or marriage dissolution

10. Governing Law: Specification of Indonesian law as the governing law and relevant legal framework

11. Amendment and Termination: Procedures for modifying or terminating the agreement

12. Execution: Formal execution requirements, including notarization and registration details

Optional Sections

1. Inheritance Rights: Used when parties wish to specify arrangements regarding inheritance rights, particularly relevant for parties with children from previous marriages

2. International Assets: Required when either party owns assets in other countries, specifying how foreign assets will be treated

3. Religious Provisions: Include when parties wish to incorporate specific religious principles regarding property management

4. Intellectual Property Rights: Necessary when either party owns or expects to develop intellectual property

5. Family Business Protection: Include when protecting family business interests is a key concern

6. Future Income: Optional section dealing with treatment of future income, particularly relevant for high-earning professionals or entrepreneurs

7. Gift and Inheritance Treatment: Specific provisions for handling gifts and inheritances received during marriage

Suggested Schedules

1. Schedule A - Pre-marriage Assets: Detailed inventory of assets owned by each party prior to marriage

2. Schedule B - Pre-marriage Liabilities: Detailed inventory of liabilities of each party prior to marriage

3. Schedule C - Business Interests: Detailed description of business interests owned by either party

4. Schedule D - Real Property: Detailed listing of real estate owned by either party

5. Schedule E - Bank Accounts and Investments: Listing of financial accounts and investments

6. Appendix 1 - Asset Valuation Reports: Independent valuation reports for significant assets

7. Appendix 2 - Required Legal Certificates: Copies of relevant legal certificates and registrations

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Effective Date
Marriage
Marriage Date
Separate Property
Joint Property (Harta Bersama)
Pre-marriage Assets (Harta Bawaan)
Post-marriage Assets
Business Interests
Intellectual Property Rights
Financial Assets
Real Property
Movable Property
Immovable Property
Income
Earned Income
Passive Income
Business Day
Matrimonial Home
Inheritance
Gift
Liabilities
Personal Debts
Joint Debts
Financial Institutions
Material Change
Force Majeure
Governing Law
Jurisdiction
Parties
First Party
Second Party
Professional Income
Working Day
Territory
Clauses
Interpretation
Definitions
Property Classification
Asset Disclosure
Property Division
Property Management
Income Rights
Debt Allocation
Business Ownership
Inheritance Rights
Gift Treatment
Asset Registration
Banking Arrangements
Real Estate
Intellectual Property
Dispute Resolution
Governing Law
Amendment
Termination
Force Majeure
Severability
Entire Agreement
Notices
Execution
Registration Requirements
Legal Compliance
Confidentiality
Tax Treatment
International Assets
Death Provisions
Divorce Provisions
Religious Compliance
Business Succession
Financial Disclosure
Asset Valuation
Relevant Industries

Legal Services

Financial Services

Real Estate

Private Banking

Family Business

Professional Services

Wealth Management

Corporate Services

Property Management

Banking and Finance

Relevant Teams

Legal

Wealth Management

Private Banking

Compliance

Risk Management

Corporate Advisory

Family Office

Estate Planning

Document Management

Client Relations

Relevant Roles

Lawyer

Notary Public

Wealth Manager

Financial Advisor

Property Manager

Business Owner

Corporate Executive

Family Office Manager

Legal Counsel

Private Banker

Estate Planner

Business Consultant

Risk Manager

Compliance Officer

Industries
Law No. 1 of 1974 on Marriage (UU Perkawinan): The primary law governing marriages in Indonesia, including provisions on marital property (harta bersama) and the ability to enter into marital property agreements
Indonesian Civil Code (KUHPerdata) Articles 139-154: Contains detailed provisions regarding prenuptial agreements (perjanjian kawin), including requirements for validity, prohibited contents, and timing of execution
Government Regulation No. 9 of 1975: Implementing regulation of the Marriage Law, providing detailed procedures for marriage registration and related agreements
Law No. 2 of 2014 on Notary Position: Regulates the role and authority of notaries in creating and registering marital property agreements
Constitutional Court Decision No. 69/PUU-XIII/2015: Landmark decision allowing post-nuptial agreements and affecting the timing of marital property agreements
Minister of Law and Human Rights Regulation No. 19 of 2019: Provides procedures for registration of marital property agreements with civil registry offices
Compilation of Islamic Law (Kompilasi Hukum Islam): Relevant for Muslim couples, contains provisions regarding marital property and agreements in Islamic marriages
Teams

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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