Matrimonial Agreement Template for Indonesia

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Key Requirements PROMPT example:

Matrimonial Agreement

"I need a Matrimonial Agreement drafted for an Indonesian-Australian couple planning to marry in March 2025, with specific provisions for managing international property holdings and family business interests in both countries."

Document background
A Matrimonial Agreement is a crucial legal document in Indonesia used by couples planning to marry who wish to establish clear arrangements regarding their property rights, financial obligations, and other marital matters. This agreement must be executed before marriage and requires notarization under Indonesian law. The document is particularly important for couples with significant assets, business interests, or international connections, as it provides legal certainty and protection for both parties. The agreement must comply with Law No. 1 of 1974 on Marriage, the Indonesian Civil Code, and where applicable, religious law requirements. It serves to prevent future disputes by clearly documenting the couples' agreed arrangements regarding property division, financial responsibilities, inheritance rights, and business interests.
Suggested Sections

1. Parties: Identification of both prospective spouses, including full legal names, places of residence, and other identifying information as required by Indonesian law

2. Background: Context of the agreement, including the intended marriage date and place, and the parties' intention to regulate their marital property and rights

3. Definitions: Key terms used throughout the agreement, including definitions of separate and joint property, income, and other relevant terms

4. Property Arrangements: Detailed provisions regarding the separation or combination of assets, including pre-marriage assets and future acquisitions

5. Financial Obligations: Arrangements regarding daily expenses, household costs, and other financial responsibilities

6. Debt and Liabilities: Provisions regarding individual and joint debts, and how liabilities will be handled during marriage

7. Business Interests: Arrangements regarding business ownership, management, and profits

8. Inheritance Rights: Provisions regarding inheritance rights and arrangements in case of death

9. Dispute Resolution: Procedures for resolving disagreements, including choice of forum and applicable law

10. Amendment Provisions: Procedures for modifying the agreement during marriage

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

12. Execution: Formal requirements for signing and witnessing the agreement as per Indonesian law

Optional Sections

1. Religious Provisions: Required for Muslim couples, including specific provisions aligned with Islamic law

2. Intellectual Property Rights: Required when either party owns significant intellectual property

3. Foreign Assets: Required when either party owns assets outside Indonesia

4. Child Care Arrangements: Optional provisions regarding future children's education and care

5. Career and Education: Optional provisions regarding support for career development or further education

6. Social Media and Privacy: Modern provisions regarding social media usage and privacy during marriage

7. Cultural Obligations: Required when parties come from different cultural backgrounds with specific customs to be observed

Suggested Schedules

1. Schedule A - Pre-marriage Assets: Detailed inventory of each party's assets owned before marriage

2. Schedule B - Family Businesses: Details of any family business interests and their management

3. Schedule C - Real Estate Properties: List and details of real estate owned by either party

4. Schedule D - Financial Accounts: List of bank accounts, investments, and other financial assets

5. Schedule E - Family Heirlooms: Inventory of family heirlooms and cultural artifacts

6. Appendix 1 - Required Legal Certificates: Copies of required legal documents including ID cards and family cards

7. Appendix 2 - Property Certificates: Copies of property ownership certificates and relevant documentation

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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