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Post Nup Agreement

Post Nup Agreement Template for Indonesia

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement under Indonesian law for a married couple where one spouse is starting a new technology business in March 2025, and we need to ensure the business assets remain separate property while maintaining joint ownership of the family home."

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Document background
A Post Nup Agreement becomes necessary when married couples in Indonesia wish to establish or modify their property rights and financial arrangements after marriage. This document is particularly relevant for couples experiencing significant changes in financial circumstances, acquiring substantial assets, starting businesses, or receiving inheritances. Under Indonesian law, the agreement must be executed before a notary and registered with the Civil Registry Office to be legally binding. It typically addresses separation of assets, joint property management, business interests, debt obligations, and inheritance rights. The agreement is governed by Indonesian Marriage Law (UU No. 1/1974), the Civil Code (KUHPerdata), and for Muslim couples, may also need to comply with Islamic Law provisions.
Suggested Sections

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

2. Background: Details of the existing marriage including date and place of marriage registration, and reasons for entering into this post nuptial agreement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Separate Property', 'Joint Property', 'Effective Date', etc.

4. Purpose and Intent: Clear statement of the parties' intentions in entering the agreement and acknowledgment of mutual understanding

5. Effective Date: Specification of when the agreement takes effect and acknowledgment that it cannot be retroactive

6. Separate Property: Detailed provisions regarding assets that will remain separate property of each spouse

7. Joint Property: Provisions regarding jointly owned assets and how they will be managed

8. Financial Obligations: Details of how financial responsibilities will be shared or separated between spouses

9. Debt Responsibilities: Provisions regarding existing and future debts and liabilities

10. Management of Assets: Procedures for managing both separate and joint properties

11. Death or Divorce: Provisions regarding property division in case of death or divorce

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

13. Amendments: Procedures for modifying the agreement in the future

14. Severability: Statement that if any provision is found invalid, the remainder of the agreement remains in effect

15. Execution: Formal execution clause including requirement for notarization

Optional Sections

1. Business Interests: Specific provisions regarding business ownership and management - include when either spouse owns a business

2. Intellectual Property: Provisions regarding intellectual property rights - include when either spouse has significant IP assets

3. Children's Provisions: Provisions regarding financial arrangements for children - include when there are children from current or previous marriages

4. Religious Requirements: Specific provisions aligning with religious law - include for Muslim couples subject to Islamic law

5. International Assets: Provisions for assets located outside Indonesia - include when parties have overseas properties or investments

6. Future Inheritance: Provisions regarding expected future inheritances - include when significant inheritances are anticipated

7. Family Business: Specific provisions regarding family business interests - include when family businesses are involved

Suggested Schedules

1. Schedule A - Separate Property of First Party: Detailed inventory of all assets owned separately by the first spouse

2. Schedule B - Separate Property of Second Party: Detailed inventory of all assets owned separately by the second spouse

3. Schedule C - Joint Property: Comprehensive list of all jointly owned assets

4. Schedule D - Existing Debts and Liabilities: Details of all existing debts and financial obligations of both parties

5. Schedule E - Business Assets: Detailed listing of business interests and their agreed treatment

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

7. Appendix 2 - Property Certificates: Copies of relevant property certificates and titles

8. Appendix 3 - Business Documents: Relevant business ownership documents 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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