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Family Law Separation Agreement Template for Indonesia

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Key Requirements PROMPT example:

Family Law Separation Agreement

"I need a Family Law Separation Agreement drafted for a Muslim couple with two minor children, focusing on joint custody arrangements and the division of a family business, with the separation to take effect from March 1, 2025."

Document background
The Family Law Separation Agreement is a crucial legal document used in Indonesia when married couples decide to legally separate without immediately pursuing divorce. This agreement operates under Indonesian jurisdiction and must comply with Law No. 1 of 1974 on Marriage (as amended by Law No. 16 of 2019), the Indonesian Civil Code, and for Muslim couples, the Compilation of Islamic Law. The document serves as a comprehensive framework for managing the separation process, including detailed provisions for property division, financial responsibilities, child custody arrangements, and ongoing obligations between the parties. It can be used as a temporary arrangement while couples consider reconciliation or as a step toward divorce proceedings. The agreement must be properly executed and, depending on the couple's religious status, may require validation from either religious or civil courts.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

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

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

4. Living Arrangements: Details of the physical separation and living arrangements of both parties

5. Financial Arrangements: Overview of financial responsibilities and obligations during separation

6. Division of Property: Agreement on division of joint property (harta bersama) acquired during marriage

7. Child Custody and Care: Primary custody arrangements, visitation rights, and parental responsibilities

8. Child Support: Financial arrangements for children's maintenance and education

9. Spousal Maintenance: Terms of any financial support between spouses during separation

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

11. Duration and Review: Period of validity and conditions for reviewing the agreement

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

13. Execution: Signing requirements and execution details

Optional Sections

1. Religious Obligations: Specific arrangements regarding religious obligations (particularly relevant for Muslim couples under Islamic law)

2. Business Interests: Arrangements regarding jointly owned businesses or business interests

3. Extended Family Arrangements: Provisions regarding relationships and interactions with extended family members

4. International Travel: Terms for international travel with children, particularly if one party is a foreign national

5. Educational Arrangements: Specific provisions for children's education if there are special circumstances

6. Medical Care: Specific arrangements for medical decisions and healthcare costs

7. Intellectual Property: Division of intellectual property rights if applicable

8. Social Media and Privacy: Agreement on social media usage and privacy during separation

Suggested Schedules

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

2. Schedule B - Liability Inventory: List of all joint liabilities and agreed responsibility for each

3. Schedule C - Child Care Schedule: Detailed weekly/monthly schedule for child care and visitation

4. Schedule D - Child Expenses: Breakdown of children's expenses and payment responsibilities

5. Schedule E - Property Documents: Copies of property ownership documents and proposed division

6. Schedule F - Financial Disclosure: Detailed financial disclosure from both parties

7. Appendix 1 - Contact Information: Contact details for both parties and relevant third parties

8. Appendix 2 - Important Documents: Copies of marriage certificate and other relevant 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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