The Post Nuptial Contract serves as a crucial legal instrument in Indonesian family law, allowing married couples to establish or modify their property rights and financial arrangements after their marriage has been solemnized. This document becomes particularly important in cases involving high-net-worth individuals, business owners, or when circumstances change significantly after marriage. It must comply with Indonesian legal requirements, including the Civil Code, Marriage Law No. 1 of 1974, and where applicable, the Compilation of Islamic Law (KHI). The agreement covers aspects such as property division, business interests, inheritance rights, and financial obligations. To be valid, it must be executed before an Indonesian notary public and registered with relevant authorities. The document can address both existing assets and future acquisitions, providing clarity and protection for both parties while respecting Indonesian legal principles and cultural considerations.
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1. Parties: Full legal names and details of both spouses, including their residences and nationalities
2. Background: Recitals stating the marriage date, purpose of the agreement, and confirmation that both parties enter into it freely
3. Definitions: Definitions of key terms used throughout the agreement
4. Separate Property: Detailed provisions regarding assets that will remain separate property of each spouse
5. Joint Property: Provisions regarding assets acquired during marriage and their treatment
6. Financial Obligations: Rights and responsibilities regarding debts, expenses, and financial management
7. Income and Earnings: Treatment of income, wages, and business profits earned by either spouse
8. Taxes: Arrangements for handling tax obligations and responsibilities
9. Dispute Resolution: Process for resolving any disputes arising from the agreement
10. Governing Law: Confirmation of Indonesian law as governing law and relevant jurisdiction
11. Amendment and Termination: Conditions and process for modifying or terminating the agreement
12. Execution: Formal execution clause and signature blocks compliant with Indonesian law
1. Business Interests: Provisions regarding ownership and management of business interests, used when either spouse owns or may acquire business interests
2. Inheritance Rights: Specific provisions regarding inheritance, particularly relevant when there are children from previous marriages
3. Religious Considerations: Special provisions aligned with Islamic law if either or both parties are Muslim
4. Intellectual Property Rights: Provisions regarding ownership and rights to intellectual property, relevant for professionals or business owners
5. Foreign Assets: Special provisions for handling foreign assets or investments, relevant for international couples or those with overseas interests
6. Children's Provisions: Provisions regarding financial arrangements for existing children or future children, if parties wish to include these
7. Death and Incapacity: Specific arrangements in case of death or incapacity of either spouse
8. Property Management: Detailed provisions about management of specific properties, relevant for couples with substantial real estate holdings
1. Schedule A - Separate Property of First Party: Detailed inventory of all assets owned by the first party prior to or outside the marriage
2. Schedule B - Separate Property of Second Party: Detailed inventory of all assets owned by the second party prior to or outside the marriage
3. Schedule C - Joint Property: List and description of all jointly owned property
4. Schedule D - Financial Obligations: List of existing debts and financial obligations of both parties
5. Schedule E - Business Interests: Detailed description of business interests owned by either party
6. Appendix 1 - Asset Valuations: Professional valuations of significant assets mentioned in the agreement
7. Appendix 2 - Legal Certificates: Copies of relevant legal certificates including marriage certificate and property titles
8. Appendix 3 - Independent Legal Advice: Certificates of independent legal advice received by both parties
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