Separation Agreement After Divorce Template for Indonesia

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Key Requirements PROMPT example:

Separation Agreement After Divorce

"I need a Separation Agreement After Divorce for a Muslim couple in Jakarta with two minor children, including provisions for shared custody and division of a family business, with the agreement to take effect from March 1, 2025."

Document background
The Separation Agreement After Divorce is a critical document utilized in Indonesian family law context following the formal dissolution of a marriage. It serves to clearly document and formalize arrangements between divorced parties, providing a detailed framework for their post-divorce relationship and responsibilities. This agreement becomes necessary when couples have obtained their divorce decree and need to formalize specific arrangements regarding property division, financial obligations, child custody, and ongoing responsibilities. The document must comply with Indonesian civil law, particularly Law No. 1 of 1974 on Marriage and Government Regulation No. 9 of 1975, and for Muslim couples, must also align with Islamic law requirements. It's particularly important when there are significant assets to divide, children involved, or ongoing financial obligations between the parties. The agreement helps prevent future disputes by clearly documenting all arrangements and can be referenced or enforced through the Indonesian court system if needed.
Suggested Sections

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

2. Background: Details of the marriage, divorce decree reference, and purpose of this separation agreement

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

4. Effective Date: Specification of when the agreement takes effect and its relation to the divorce decree

5. Division of Assets: Detailed arrangement for the division of joint property and assets acquired during marriage

6. Division of Liabilities: Agreement on how existing debts and financial obligations will be handled

7. Child Custody and Care: Primary custody arrangements, visitation rights, and decision-making authority regarding children

8. Child Support: Financial arrangements for child support including amount, payment schedule, and review periods

9. Maintenance/Alimony: Terms of any ongoing financial support between former spouses

10. Tax Matters: Agreement on handling tax obligations and declarations

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

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

13. Entire Agreement: Confirmation that this document represents the complete agreement between parties

14. Execution: Signature blocks and witnessing requirements

Optional Sections

1. Religious Considerations: Required for Muslim couples, including specific arrangements under Islamic law

2. Business Interests: Include when parties have shared business interests that need to be separated

3. Intellectual Property Rights: Required when there are joint IP rights or creations during marriage

4. International Assets: Include when parties have assets in multiple countries

5. Education Expenses: Optional section for detailed arrangements regarding children's education funding

6. Insurance Arrangements: Include when there are joint insurance policies or ongoing insurance obligations

7. Confidentiality: Optional section when parties wish to keep terms private

8. Future Asset Discovery: Include when there's possibility of discovering additional assets after agreement execution

Suggested Schedules

1. Schedule A - Asset Inventory: Comprehensive list of all assets being divided, including values and allocation

2. Schedule B - Liability List: Detail of all debts and financial obligations and their allocation

3. Schedule C - Child Custody Schedule: Detailed visitation and custody calendar including holidays and special occasions

4. Schedule D - Support Payment Details: Payment schedules and methods for child support and/or alimony

5. Schedule E - Property Documents: Copies of property certificates, vehicle registrations and other asset documentation

6. Schedule F - Business Valuation: If applicable, professional valuation of business interests

7. Appendix 1 - Divorce Decree: Copy of the final divorce decree from the religious or civil court

8. Appendix 2 - Child Support Calculations: Detailed calculations and basis for child support amounts

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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