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Separation And Property Settlement Agreement

Separation And Property Settlement Agreement Template for Indonesia

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Key Requirements PROMPT example:

Separation And Property Settlement Agreement

"I need a Separation And Property Settlement Agreement under Indonesian law for a Muslim couple with two children, including provisions for joint business interests and international property in Singapore, to be effective from March 1, 2025."

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Document background
The Separation And Property Settlement Agreement is a crucial legal document used in Indonesia when married couples decide to formally separate and divide their marital assets. This document becomes necessary when couples need to establish clear, legally binding terms for their separation, whether as a precursor to divorce or as a standalone arrangement. The agreement must adhere to Indonesian legal requirements, including Marriage Law No. 1 of 1974, the Civil Code (KUHPerdata), and for Muslim couples, the Compilation of Islamic Law (KHI). It typically includes detailed provisions for property division, financial obligations, debt allocation, and where applicable, arrangements for children. The document requires proper execution before a notary public and may need court ratification. It serves as a comprehensive framework to prevent future disputes and protect both parties' interests during and after separation.
Suggested Sections

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

2. Background: Details of the marriage, including date and place of marriage registration, current living situation, and reasons for separation

3. Definitions: Definition of key terms used throughout the agreement, including 'Joint Property', 'Separate Property', and other relevant terms

4. Effective Date of Separation: Specification of the official date of separation and its legal implications

5. Division of Property: Comprehensive arrangement for division of all marital assets and liabilities

6. Financial Obligations: Details of ongoing financial responsibilities, including debt allocation and any spousal support arrangements

7. Tax Provisions: Agreement on handling tax matters, including filing status and allocation of tax liabilities/benefits

8. Release of Claims: Mutual release of future claims against each other's property or estate

9. Dispute Resolution: Procedures for resolving any future disputes regarding the agreement

10. Governing Law: Specification that Indonesian law governs the agreement

11. Amendment and Modification: Procedures for making any future changes to the agreement

12. Severability: Provision ensuring that if any part of the agreement is found invalid, the rest remains in force

13. Execution: Signature requirements and execution formalities

Optional Sections

1. Child Custody and Support: Required if the couple has children - details custody arrangements, visitation rights, and child support obligations

2. Religious Requirements: Required for Muslim couples - includes specific provisions required under Islamic law

3. Business Interests: Required if either party owns business interests - details the division or management of business assets

4. Intellectual Property Rights: Required if either party has IP rights - specifies ownership and rights after separation

5. International Assets: Required if couple has overseas assets - includes specific provisions for international property

6. Confidentiality: Optional provision for maintaining privacy about the terms of the agreement

7. Insurance Provisions: Required if there are life, health, or property insurance policies to be addressed

Suggested Schedules

1. Schedule A - Joint Property Inventory: Detailed list of all joint property with agreed values

2. Schedule B - Separate Property Inventory: List of properties owned separately by each party

3. Schedule C - Debt Schedule: Comprehensive list of all debts and liabilities with allocation details

4. Schedule D - Division of Household Items: Detailed inventory and division of household furnishings and personal effects

5. Appendix 1 - Property Valuations: Professional valuations of significant assets

6. Appendix 2 - Financial Statements: Recent financial statements, tax returns, and other relevant financial documents

7. Appendix 3 - Property Documents: Copies of property titles, vehicle registrations, and other relevant ownership documents

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 Industries

Legal Services

Real Estate

Financial Services

Insurance

Professional Services

Religious Services

Public Sector

Family Services

Relevant Teams

Legal

Compliance

Family Law

Property Services

Valuations

Document Processing

Client Relations

Dispute Resolution

Religious Affairs

Court Administration

Relevant Roles

Legal Counsel

Family Law Attorney

Paralegal

Notary Public

Property Valuer

Financial Advisor

Religious Affairs Officer

Court Clerk

Mediator

Family Court Judge

Estate Planning Advisor

Wealth Manager

Industries
Indonesian Marriage Law No. 1 of 1974: The primary law governing marriage and divorce in Indonesia, including provisions for property division and settlement agreements between spouses
Indonesian Civil Code (KUHPerdata): Contains fundamental principles of contract law and property rights that apply to separation agreements, particularly Book I on Persons and Family Law and Book III on Obligations
Government Regulation No. 9 of 1975: Implementing regulation for Marriage Law that details procedures for separation and divorce, including property settlement requirements
Compilation of Islamic Law (KHI): Relevant for Muslim couples, provides specific guidelines on property division and settlement in Islamic marriages
Law No. 39 of 1999 on Human Rights: Ensures equal rights between parties in marriage dissolution and property settlement
Supreme Court Regulation No. 1 of 2016: Regulates mediation procedures in civil cases, including property settlement disputes
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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