The Separation And Property Settlement Agreement is a crucial legal document used in Indonesia when married couples decide to formally separate and divide their marital assets. This document becomes necessary when couples need to establish clear, legally binding terms for their separation, whether as a precursor to divorce or as a standalone arrangement. The agreement must adhere to Indonesian legal requirements, including Marriage Law No. 1 of 1974, the Civil Code (KUHPerdata), and for Muslim couples, the Compilation of Islamic Law (KHI). It typically includes detailed provisions for property division, financial obligations, debt allocation, and where applicable, arrangements for children. The document requires proper execution before a notary public and may need court ratification. It serves as a comprehensive framework to prevent future disputes and protect both parties' interests during and after separation.
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1. Parties: Identification of both spouses including full legal names, addresses, and national ID numbers
2. Background: Details of the marriage, including date and place of marriage registration, current living situation, and reasons for separation
3. Definitions: Definition of key terms used throughout the agreement, including 'Joint Property', 'Separate Property', and other relevant terms
4. Effective Date of Separation: Specification of the official date of separation and its legal implications
5. Division of Property: Comprehensive arrangement for division of all marital assets and liabilities
6. Financial Obligations: Details of ongoing financial responsibilities, including debt allocation and any spousal support arrangements
7. Tax Provisions: Agreement on handling tax matters, including filing status and allocation of tax liabilities/benefits
8. Release of Claims: Mutual release of future claims against each other's property or estate
9. Dispute Resolution: Procedures for resolving any future disputes regarding the agreement
10. Governing Law: Specification that Indonesian law governs the agreement
11. Amendment and Modification: Procedures for making any future changes to the agreement
12. Severability: Provision ensuring that if any part of the agreement is found invalid, the rest remains in force
13. Execution: Signature requirements and execution formalities
1. Child Custody and Support: Required if the couple has children - details custody arrangements, visitation rights, and child support obligations
2. Religious Requirements: Required for Muslim couples - includes specific provisions required under Islamic law
3. Business Interests: Required if either party owns business interests - details the division or management of business assets
4. Intellectual Property Rights: Required if either party has IP rights - specifies ownership and rights after separation
5. International Assets: Required if couple has overseas assets - includes specific provisions for international property
6. Confidentiality: Optional provision for maintaining privacy about the terms of the agreement
7. Insurance Provisions: Required if there are life, health, or property insurance policies to be addressed
1. Schedule A - Joint Property Inventory: Detailed list of all joint property with agreed values
2. Schedule B - Separate Property Inventory: List of properties owned separately by each party
3. Schedule C - Debt Schedule: Comprehensive list of all debts and liabilities with allocation details
4. Schedule D - Division of Household Items: Detailed inventory and division of household furnishings and personal effects
5. Appendix 1 - Property Valuations: Professional valuations of significant assets
6. Appendix 2 - Financial Statements: Recent financial statements, tax returns, and other relevant financial documents
7. Appendix 3 - Property Documents: Copies of property titles, vehicle registrations, and other relevant ownership documents
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