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Marital Property Agreement

Marital Property Agreement Template for Indonesia

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a Marital Property Agreement for my upcoming marriage in March 2025, specifically addressing my tech startup ownership and assets in both Indonesia and Singapore, with clear provisions for keeping my business interests as separate property."

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Document background
The Marital Property Agreement (Perjanjian Pra-Nikah) is a crucial legal document in Indonesian family law, designed to establish clear property rights and financial arrangements between spouses. This document becomes particularly important in cases involving substantial assets, business ownership, international property, or complex financial arrangements. Following the Constitutional Court Decision No. 69/PUU-XIII/2015, such agreements can be executed either before or during marriage, providing flexibility for couples to protect their interests. The agreement must comply with Indonesian legal requirements, including proper notarization and registration, and can address various aspects such as property division, business interests, inheritance rights, and debt obligations. It's especially relevant for business owners, professionals, and individuals with significant assets who wish to establish clear financial boundaries within their marriage.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement, including their full legal names, occupation, residence, and citizenship status

2. Background: Context of the agreement, including the parties' intention to marry, date of planned marriage, and general purpose of entering into this agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'separate property', 'joint property', 'pre-marriage assets', and other relevant terms

4. Separate Property: Detailed listing and categorization of assets and liabilities that will remain as separate property of each party

5. Joint Property: Definition and treatment of assets and liabilities acquired during marriage, including management rights and decision-making authority

6. Property Management: Rules and procedures for managing both separate and joint property during marriage

7. Business Interests: Treatment of existing and future business interests, including ownership, management rights, and profit sharing

8. Debts and Liabilities: Handling of existing and future debts, including responsibility for payment and liability protection

9. Property Division Upon Dissolution: Procedures and principles for division of property in case of divorce or marriage dissolution

10. Governing Law: Specification of Indonesian law as the governing law and relevant legal framework

11. Amendment and Termination: Procedures for modifying or terminating the agreement

12. Execution: Formal execution requirements, including notarization and registration details

Optional Sections

1. Inheritance Rights: Used when parties wish to specify arrangements regarding inheritance rights, particularly relevant for parties with children from previous marriages

2. International Assets: Required when either party owns assets in other countries, specifying how foreign assets will be treated

3. Religious Provisions: Include when parties wish to incorporate specific religious principles regarding property management

4. Intellectual Property Rights: Necessary when either party owns or expects to develop intellectual property

5. Family Business Protection: Include when protecting family business interests is a key concern

6. Future Income: Optional section dealing with treatment of future income, particularly relevant for high-earning professionals or entrepreneurs

7. Gift and Inheritance Treatment: Specific provisions for handling gifts and inheritances received during marriage

Suggested Schedules

1. Schedule A - Pre-marriage Assets: Detailed inventory of assets owned by each party prior to marriage

2. Schedule B - Pre-marriage Liabilities: Detailed inventory of liabilities of each party prior to marriage

3. Schedule C - Business Interests: Detailed description of business interests owned by either party

4. Schedule D - Real Property: Detailed listing of real estate owned by either party

5. Schedule E - Bank Accounts and Investments: Listing of financial accounts and investments

6. Appendix 1 - Asset Valuation Reports: Independent valuation reports for significant assets

7. Appendix 2 - Required Legal Certificates: Copies of relevant legal certificates and registrations

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

alex.den.21@genieai.co
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