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Domestic Partnership Agreement Template for Indonesia

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Domestic Partnership Agreement

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What is a Domestic Partnership Agreement?

The Domestic Partnership Agreement serves as a crucial legal instrument in Indonesia for individuals who choose to live together in a committed relationship outside of marriage. This document becomes particularly important in the Indonesian legal context, where domestic partnerships do not receive the same automatic legal protections as married couples under Law No. 1 of 1974 on Marriage. The agreement typically covers essential aspects such as property division, financial responsibilities, living arrangements, and dispute resolution mechanisms. It's especially relevant in urban areas and among professionals who choose alternative living arrangements while seeking legal protection for their rights and assets. The document must be carefully structured to comply with Indonesian Civil Code requirements while providing comprehensive coverage of the partners' rights and obligations. It's recommended to have the agreement notarized by an Indonesian Notary Public to enhance its legal standing.

What sections should be included in a Domestic Partnership Agreement?

1. Parties: Identification and details of both partners entering into the domestic partnership agreement

2. Background: Context of the relationship and purpose of entering into the agreement

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Nature of Relationship: Clear statement that this is a domestic partnership, not a marriage, and acknowledgment of legal implications

5. Commencement and Duration: When the agreement takes effect and whether there's a specific duration

6. Living Arrangements: Details of shared residence and living arrangements

7. Financial Arrangements: Management of shared finances, expenses, and banking arrangements

8. Property Rights: Division of existing property and treatment of future property acquisitions

9. Debt and Liabilities: How existing and future debts will be handled

10. Dispute Resolution: Process for resolving disagreements between partners

11. Termination: Circumstances and process for ending the domestic partnership

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

What sections are optional to include in a Domestic Partnership Agreement?

1. Children and Dependents: Include if either partner has children or if the partners plan to have/adopt children together

2. Healthcare and Medical Decisions: Include if partners wish to grant each other rights regarding medical decisions

3. Business Interests: Include if either partner owns a business or if they plan to start one together

4. Inheritance Rights: Include if partners wish to specify inheritance arrangements, subject to Indonesian law

5. Insurance Arrangements: Include if partners will share insurance policies or name each other as beneficiaries

6. Religious and Cultural Observances: Include if partners wish to specify arrangements regarding religious or cultural practices

7. Pets and Animals: Include if partners have or plan to have shared pets

8. Intellectual Property Rights: Include if either partner has significant intellectual property assets

What schedules should be included in a Domestic Partnership Agreement?

1. Schedule A - Asset Registry: Detailed list of all assets owned by each partner at the time of agreement

2. Schedule B - Shared Property Inventory: List of property jointly owned or to be treated as shared

3. Schedule C - Financial Obligations: List of existing debts and financial commitments of each partner

4. Schedule D - Expense Allocation: Detailed breakdown of how shared expenses will be divided

5. Appendix 1 - Property Documents: Copies of property ownership documents referenced in the agreement

6. Appendix 2 - Financial Statements: Current financial statements of both partners

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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