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Civil Separation Agreement Template for Indonesia

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Key Requirements PROMPT example:

Civil Separation Agreement

"I need a Civil Separation Agreement under Indonesian law for a couple with three minor children, including arrangements for shared custody and division of a family-owned restaurant business, with the separation to take effect from March 1, 2025."

Document background
A Civil Separation Agreement is a crucial legal document used in Indonesia when married couples decide to live separately without immediately pursuing divorce. This agreement operates within the framework of Indonesian civil law, particularly the Civil Code (Kitab Undang-undang Hukum Perdata) and Marriage Law No. 1 of 1974. It's typically used when couples need time apart to evaluate their marriage, when immediate divorce is not desired due to religious or cultural reasons, or when parties need to establish clear legal and financial boundaries during their separation. The document comprehensively addresses property division, financial obligations, living arrangements, and child custody matters if applicable. For Muslim couples, it must also consider Islamic law principles and may require involvement of the Religious Courts. The agreement provides legal protection for both parties while maintaining the marriage's legal status, making it particularly important in Indonesia's complex legal system that recognizes both civil and religious jurisdictions.
Suggested Sections

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

2. Background: Brief history of the marriage, date of marriage, current living situation, and reasons for separation

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

4. Purpose of Agreement: Statement of the parties' intention to live separately and regulate their affairs

5. Date of Separation: Specified date when the separation takes effect

6. Living Arrangements: Details of where each party will reside and any restrictions on contact

7. Division of Property: Comprehensive arrangement for division of matrimonial assets and joint property

8. Financial Arrangements: Details of financial support, maintenance payments, and division of debts

9. Legal Proceedings: Agreement regarding future divorce proceedings and legal status of the separation

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

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

12. Dispute Resolution: Process for resolving any disputes arising from the agreement

13. Amendment Provisions: Procedures for modifying the agreement

14. Execution: Signature blocks and witnessing requirements

Optional Sections

1. Children Arrangements: Used when the couple has children - includes custody, access, education, and maintenance arrangements

2. Religious Considerations: Required for Muslim couples to address religious aspects of separation

3. Business Interests: Required when couples have joint business interests or shared commercial activities

4. Intellectual Property Rights: Needed when either party has IP rights that need to be addressed

5. International Assets: Required when the couple has assets in multiple countries

6. Insurance and Medical Coverage: Used when there are joint insurance policies or medical coverage to be addressed

7. Confidentiality: Optional section for couples wanting to maintain privacy about separation terms

8. Social Media and Public Statements: Used when parties want to regulate public communications about the separation

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their agreed division

2. Schedule B - Financial Obligations: Comprehensive list of all debts, liabilities, and payment responsibilities

3. Schedule C - Children's Arrangements: Detailed parenting plan including visitation schedules and special arrangements

4. Schedule D - Property Details: Specific details of real estate properties and their disposition

5. Schedule E - Business Interests: Details of business ownership and management arrangements

6. Appendix 1 - Financial Statements: Current financial statements of both parties

7. Appendix 2 - Property Valuations: Professional valuations of significant assets

8. Appendix 3 - Supporting Documents: Copies of relevant certificates, titles, and legal documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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