Post Marital Agreements in Indonesia gained legal recognition through a landmark Constitutional Court decision in 2015, addressing a significant gap in the country's marital law framework. These agreements are utilized when married couples need to establish clear property rights and financial arrangements after their wedding, often prompted by business interests, inheritance, or changed financial circumstances. The Post Marital Agreement must be executed before a notary and registered with appropriate authorities, combining elements of Indonesian civil law, religious law (particularly for Muslim couples), and customary law considerations. The document typically covers property division, business interests, debt responsibilities, and future financial arrangements, providing legal certainty for both spouses and protecting their respective interests. It's particularly relevant for business owners, professionals with significant assets, and couples with international connections.
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1. Parties: Identification of both spouses, including full legal names, places of residence, and national ID numbers
2. Background: Details of existing marriage including date and place of registration, previous arrangements if any, and reasons for entering into this post-marital agreement
3. Definitions: Clear definitions of key terms used throughout the agreement, including types of property, income, and other relevant concepts
4. Existing Property Declaration: Comprehensive listing and categorization of all existing assets and properties owned by both parties
5. Property Rights and Division: Detailed arrangements for the division and management of existing and future property
6. Financial Obligations: Agreement on handling of existing and future debts, financial responsibilities, and obligations
7. Income and Earnings: Treatment of current and future income, business profits, and professional earnings
8. Taxation Matters: Arrangements for tax obligations and responsibilities
9. Amendment Provisions: Procedures and conditions for modifying the agreement in the future
10. Governing Law: Explicit statement of Indonesian law as governing law and relevant jurisdictional matters
11. Execution Requirements: Requirements for proper execution, including notarization and registration provisions
1. Religious Law Compliance: Section addressing compliance with religious law principles, particularly relevant for Muslim couples under Islamic law
2. Business Ownership: Specific provisions for business assets and operations, needed when either spouse owns a business
3. Intellectual Property Rights: Provisions for intellectual property ownership and rights, relevant for couples involved in creative or innovative work
4. Inheritance Provisions: Special arrangements regarding inheritance rights and obligations, particularly important for blended families
5. Foreign Assets: Specific provisions for handling assets located outside Indonesia, needed for couples with international holdings
6. Children's Provisions: Arrangements regarding financial responsibilities for children from current or previous marriages
7. Dispute Resolution: Alternative dispute resolution mechanisms before resorting to court proceedings
1. Schedule A - Inventory of Existing Assets: Detailed list of all assets owned by both parties at the time of agreement
2. Schedule B - Existing Debts and Liabilities: Comprehensive list of all debts and financial obligations of both parties
3. Schedule C - Business Assets: Detailed inventory of business assets and interests, if applicable
4. Schedule D - Property Documents: Copies of property certificates, titles, and other relevant ownership documents
5. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate
6. Appendix 2 - Previous Agreements: Copies of any previous marital agreements or relevant legal documents
7. Appendix 3 - Asset Valuations: Professional valuations of significant assets, if applicable
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