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Marriage Separation Agreement Template for Indonesia

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Key Requirements PROMPT example:

Marriage Separation Agreement

"I need a Marriage Separation Agreement for a Muslim couple with two minor children, including provisions for shared custody and division of a family-owned restaurant business, with the separation to take effect from March 1, 2025."

Document background
The Marriage Separation Agreement is a crucial legal document used in Indonesia when married couples decide to live separately but are not yet pursuing divorce. This document is essential for couples who need to formalize their separation arrangements while complying with Indonesian legal requirements, including Law No. 1 of 1974 on Marriage and its implementing regulations. The agreement covers comprehensive aspects of separation including property division, financial responsibilities, living arrangements, and where applicable, child custody matters. For Muslim couples, the agreement must also align with Islamic law principles as outlined in the Compilation of Islamic Law (KHI). The document serves as a legally binding interim arrangement that can be recognized by both religious and civil courts, providing clarity and protection for both parties during their separation period.
Suggested Sections

1. Parties: Full legal names and details of both spouses, including their KTP (ID card) numbers, addresses, and occupations

2. Background: Information about the marriage, including date and place of marriage registration, current living situation, and general reasons for separation

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

4. Date of Separation: Official date when the separation begins and its legal implications

5. Living Arrangements: Details of where each spouse will reside during the separation period

6. Division of Property: Comprehensive arrangement for the division of matrimonial assets and joint property (harta bersama)

7. Financial Responsibilities: Allocation of financial obligations, including household expenses, debts, and ongoing bills

8. Maintenance and Support: Terms of any spousal maintenance or support payments

9. Tax Matters: Arrangements for handling tax obligations during separation

10. Confidentiality: Terms regarding the private nature of the agreement and restrictions on disclosure

11. Dispute Resolution: Process for resolving any disputes that arise during the separation period

12. Governing Law: Specification that the agreement is governed by Indonesian law

13. Amendment Procedure: Process for making changes to the agreement

14. Entire Agreement: Clause confirming this document represents the complete agreement between parties

Optional Sections

1. Child Custody and Care: Required if the couple has children - details custody arrangements, visitation rights, and parental responsibilities

2. Child Support: Required for couples with children - specifies financial support arrangements for children

3. Religious Considerations: Include for Muslim couples to ensure compliance with Islamic law requirements

4. Business Interests: Required if either spouse has business interests that need to be addressed

5. Inheritance Rights: Optional section addressing any specific arrangements regarding inheritance during separation

6. Insurance Policies: Include if there are joint insurance policies that need to be addressed

7. Pets and Animals: Include if there are pets whose custody needs to be determined

8. Social Media and Privacy: Optional section addressing social media behavior and online privacy during separation

Suggested Schedules

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

2. Schedule B - Debt Inventory: Comprehensive list of all joint debts and liabilities and their allocation

3. Schedule C - Personal Effects: List of personal belongings and their distribution between parties

4. Schedule D - Child Care Schedule: Detailed visitation and care schedule for children (if applicable)

5. Schedule E - Support Payment Details: Specific details of any maintenance or support payments including amounts and payment schedule

6. Appendix 1 - Property Valuations: Professional valuations of significant assets (if applicable)

7. Appendix 2 - Business Interests: Detailed documentation of business interests and their handling (if applicable)

8. Appendix 3 - Insurance Policies: Copies of relevant insurance policies and agreed changes

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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