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Property Separation Agreement

Property Separation Agreement Template for Indonesia

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Property Separation Agreement

"I need a Property Separation Agreement for an Indonesian tech startup founder who wants to protect their company shares and intellectual property rights, while ensuring fair division of personal assets with their spouse."

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Document background
A Property Separation Agreement is a crucial legal instrument in Indonesian family law, used to establish clear boundaries between married couples' properties and financial interests. This document becomes essential when couples wish to maintain separate ownership of their assets, either before marriage (prenuptial) or during marriage (postnuptial). The agreement must comply with Indonesian Law No. 1 of 1974 on Marriage, the Civil Code (KUHPerdata), and for Muslim couples, the Islamic Law Compilation (KHI). It covers various aspects including real estate, business interests, financial accounts, and future acquisitions. The document requires proper registration with relevant authorities and may need validation from a notary public. Property Separation Agreements are particularly relevant in cases involving business owners, high-net-worth individuals, or situations where clear financial boundaries are necessary for business or personal reasons.
Suggested Sections

1. Parties: Full legal names and details of both parties entering into the agreement

2. Background: Context of the agreement, including marriage details and reason for property separation

3. Definitions: Key terms used throughout the agreement

4. Effective Date: When the property separation takes effect

5. Separate Property Declaration: Clear statement of intention to keep properties separate

6. Pre-marriage Assets: Identification and confirmation of assets owned before marriage

7. Joint Property Division: Details of how jointly acquired properties will be divided

8. Financial Accounts: Division of bank accounts, investments, and other financial assets

9. Real Estate: Distribution of land and building ownership

10. Business Interests: Division of business ownership and interests

11. Debts and Liabilities: Allocation of existing debts and financial obligations

12. Future Property: Treatment of properties acquired after the agreement

13. Tax Provisions: Handling of tax obligations and implications

14. Dispute Resolution: Process for resolving any future disputes

15. Governing Law: Confirmation of Indonesian law application

16. Execution: Signature requirements and witnessing provisions

Optional Sections

1. Religious Compliance: Required for Muslim couples to ensure compliance with Islamic law

2. Intellectual Property: Include when either party owns intellectual property rights

3. Inheritance Rights: Include when there are specific inheritance arrangements to be addressed

4. International Assets: Required when parties have properties in other countries

5. Business Operation: Include when parties share business operations that need detailed separation

6. Children's Property: Include when there are specific arrangements for children's assets or trust funds

7. Insurance Policies: Include when there are insurance policies to be divided or transferred

8. Future Income: Include when parties want to specify treatment of future income streams

Suggested Schedules

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

2. Schedule B - Joint Properties: Complete list of properties acquired during marriage

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and financial instruments

4. Schedule D - Real Estate Details: Property certificates, locations, and valuations

5. Schedule E - Business Assets: Details of business ownerships and valuations

6. Schedule F - Vehicle Registry: List of vehicles and their ownership allocation

7. Appendix 1 - Property Valuations: Independent valuations of major assets

8. Appendix 2 - Legal Certificates: Copies of relevant property certificates and titles

9. Appendix 3 - Marriage Certificate: Copy of marriage certificate and any previous agreements

10. Appendix 4 - Debt Documentation: Details of outstanding loans and liabilities

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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Property Lawyer

Notary Public

Family Law Specialist

Property Manager

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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