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Divorce Without Custody Agreement Template for Indonesia

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Key Requirements PROMPT example:

Divorce Without Custody Agreement

"I need a Divorce Without Custody Agreement under Indonesian law for a mutual divorce between business owners, with particular focus on dividing three jointly-owned restaurants in Jakarta and ensuring business continuity after the planned separation date of March 1, 2025."

Document background
The Divorce Without Custody Agreement is a crucial legal document used in Indonesian divorce proceedings where no minor children are involved or where child custody is addressed in a separate agreement. It is primarily governed by Law No. 1 of 1974 on Marriage and must comply with both civil and religious law requirements where applicable. This document becomes necessary when married couples decide to formally end their marriage and need to establish legally binding terms for the division of assets, financial responsibilities, and future obligations. It includes detailed provisions for property division, financial settlements, and dispute resolution mechanisms, while accounting for specific Indonesian legal requirements such as mandatory court-based mediation and religious court proceedings for Muslim couples. The agreement serves as a foundational document for the divorce process and subsequent court proceedings, ensuring all aspects of the marriage dissolution are properly addressed and documented.
Suggested Sections

1. Parties: Identification of both spouses, including full legal names, residences, and national ID numbers (NIK)

2. Background: Details of the marriage including date and place of registration, and brief context for the divorce

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

4. Dissolution of Marriage: Declaration of mutual agreement to divorce and the intended effective date

5. Legal Grounds for Divorce: Statement of the legal grounds for divorce under Indonesian Law No. 1 of 1974

6. Division of Joint Property: Detailed arrangements for the division of joint marital assets and liabilities

7. Personal Property: Identification and confirmation of separate personal property owned by each party

8. Financial Settlement: Terms of any financial settlements, including any agreed maintenance or alimony

9. Future Rights and Obligations: Statement of parties' rights and obligations post-divorce

10. Legal Costs: Agreement on how legal and court costs will be divided

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

12. Governing Law: Confirmation that Indonesian law governs the agreement

13. Execution: Signature blocks and formal requirements for legal execution of the agreement

Optional Sections

1. Religious Requirements: Required for Muslim couples, including specific provisions under Islamic law

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

3. Intellectual Property Rights: Required when parties have joint intellectual property that needs to be divided

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

5. Insurance and Benefits: Required when dealing with life insurance policies or employment benefits

6. Confidentiality: Optional provisions for maintaining privacy about the terms of the divorce

7. Name Change: Required if either party wishes to revert to their pre-marriage name

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all joint and separate assets with their agreed values

2. Schedule B - Liability Schedule: List of all joint and separate debts and liabilities

3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties

4. Schedule D - Property Documents: Copies of property titles and registration documents

5. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate

6. Appendix 2 - Property Valuations: Independent valuations of significant assets

7. Appendix 3 - Court Documents: Copies of relevant court applications and orders

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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