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Divorce Property Division Agreement Template for Indonesia

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Key Requirements PROMPT example:

Divorce Property Division Agreement

"I need a Divorce Property Division Agreement for an Indonesian couple where one spouse owns multiple businesses in Jakarta and Bali, and they have joint properties in both Indonesia and Singapore; the agreement needs to be completed before March 2025 and should include specific provisions for ongoing business management during the transition."

Document background
The Divorce Property Division Agreement is a crucial legal document used in Indonesian divorce proceedings to formalize the division of assets between separating spouses. This agreement becomes necessary when couples initiate divorce proceedings and need to legally separate their financial and property interests. It encompasses both joint marital property (harta bersama) acquired during marriage and individual property (harta bawaan) owned before marriage or received through inheritance/gifts. The document must comply with Indonesian Marriage Law (UU No. 1/1974), Civil Code provisions, and for Muslim couples, Islamic Law Compilation (KHI). It's particularly important in cases involving substantial assets, business interests, or complex property arrangements. The agreement serves as a binding document that can be enforced through both religious and civil courts in Indonesia, providing clarity and legal certainty for both parties during and after divorce proceedings.
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 separation, and reference to divorce proceedings

3. Definitions: Key terms including harta bersama (joint marital property), harta bawaan (individual property), and other relevant legal terms

4. Joint Property Declaration: Comprehensive listing and categorization of all joint marital property (harta bersama) acquired during marriage

5. Individual Property Declaration: Declaration of pre-marriage assets (harta bawaan) and inherited/gifted properties of each spouse

6. Property Division Principles: Agreed principles for division of joint property, typically following the 50:50 principle under Indonesian law

7. Implementation Method: Specific mechanisms and timeline for executing the property division

8. Tax Considerations: Agreement on handling any tax implications arising from the property division

9. Dispute Resolution: Process for resolving any disagreements about property division implementation

10. Governing Law: Confirmation of Indonesian law as governing law and relevant jurisdiction

11. Execution: Signing requirements and formal execution provisions

Optional Sections

1. Business Interests: Section for couples who own business interests together, detailing division or buyout arrangements

2. Overseas Assets: Special provisions for couples with property or assets located outside Indonesia

3. Religious Property Considerations: Additional provisions for Muslim couples following Islamic law requirements

4. Debt Division: Specific arrangements for division of joint debts and liabilities

5. Children's Property Trust: Provisions for property held in trust for children of the marriage

6. Intellectual Property Rights: Division of any intellectual property acquired during marriage

7. Future Asset Discovery: Provisions dealing with subsequently discovered assets

Suggested Schedules

1. Schedule A - Real Estate Properties: Detailed list of all real estate properties with legal descriptions and ownership status

2. Schedule B - Movable Assets: Inventory of vehicles, furniture, and other significant movable assets

3. Schedule C - Financial Assets: List of bank accounts, investments, and other financial instruments

4. Schedule D - Business Assets: Details of business ownership and valuation reports

5. Schedule E - Individual Property Evidence: Documentation proving individual ownership of pre-marriage assets

6. Schedule F - Valuation Reports: Professional valuations of significant assets

7. Appendix 1 - Required Legal Documents: Copies of marriage certificate, divorce petition, and other relevant legal documents

8. Appendix 2 - Property Photographs: Visual documentation of significant physical assets

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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