Spousal Separation Agreement Template for Indonesia

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Key Requirements PROMPT example:

Spousal Separation Agreement

"I need a Spousal Separation Agreement under Indonesian law for a Muslim couple with two minor children, including provisions for joint custody and division of a family business, with the separation to take effect from March 1, 2025."

Document background
The Spousal Separation Agreement is a crucial legal document used in Indonesia when married couples decide to live separately but have not yet proceeded with formal divorce proceedings. This document is particularly relevant under Indonesian Marriage Law (UU No. 1/1974) and must comply with both civil law requirements and, where applicable, religious law principles. The agreement typically becomes necessary when couples need to formalize their separation arrangements while maintaining their married status for various personal, religious, or practical reasons. It covers essential aspects such as property division, financial responsibilities, living arrangements, and child custody if relevant. The document can serve as a foundation for future divorce proceedings or as a long-term arrangement for couples who choose to remain legally married while living separately. It must be properly executed according to Indonesian legal requirements, which may include registration with relevant authorities and, for Muslim couples, consideration of Islamic law principles.
Suggested Sections

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

2. Background: Brief history of the marriage, including date and place of marriage registration, and general reasons for separation

3. Definitions: Definitions of key terms used throughout the agreement

4. Date of Separation: Official date when the separation takes effect and parties begin living separately

5. Living Arrangements: Details of physical separation and residence arrangements for both parties

6. Division of Property: Comprehensive arrangement for division of marital assets and joint property

7. Financial Obligations: Details of ongoing financial responsibilities, including any spousal support arrangements

8. Debts and Liabilities: Division and responsibility for existing debts and financial obligations

9. Tax Matters: Arrangements for handling tax obligations and filings

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

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

12. Modification: Procedures for modifying the agreement in the future

13. Execution: Signature requirements and execution details

Optional Sections

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

2. Religious Obligations: Required for Muslim couples - addresses religious aspects of separation under Islamic law

3. Business Interests: Required if parties have joint business interests - details division or management of business assets

4. Intellectual Property Rights: Required if parties have joint IP rights - addresses ownership and rights post-separation

5. International Assets: Required if parties have overseas assets - addresses international property and compliance with foreign laws

6. Insurance Policies: Required if parties have joint insurance policies - addresses beneficiary changes and policy arrangements

7. Confidentiality: Optional clause for high-profile couples or those desiring privacy - details confidentiality obligations

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all marital assets including real estate, vehicles, and personal property

2. Schedule B - Financial Accounts: List of all joint and individual bank accounts, investments, and financial instruments

3. Schedule C - Debt Schedule: Comprehensive list of all joint debts and liabilities

4. Schedule D - Child Care Schedule: Detailed visitation and custody schedule if children are involved

5. Schedule E - Support Payment Schedule: Schedule of spousal and/or child support payments including amounts and dates

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

7. Appendix 2 - Legal Certificates: Copies of marriage certificate and other relevant legal 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

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