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Divorce Agreement Contract for Indonesia

Divorce Agreement Contract Template for Indonesia

A legally binding agreement under Indonesian law that formally documents the terms and conditions of a divorce between married couples. This document combines elements of civil law with relevant religious considerations, particularly for Muslim couples who must proceed through Religious Courts (Pengadilan Agama), while non-Muslim couples proceed through Civil Courts (Pengadilan Negeri). The agreement comprehensively covers asset division, child custody arrangements, financial settlements, and ongoing obligations, ensuring compliance with Law No. 1 of 1974 on Marriage and its subsequent amendments, as well as relevant religious and customary law provisions where applicable.

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What is a Divorce Agreement Contract?

The Divorce Agreement Contract is a crucial legal document used in Indonesian divorce proceedings to formalize the dissolution of marriage and establish post-divorce arrangements. It must comply with Law No. 1 of 1974 on Marriage, its 2019 amendment (Law No. 16 of 2019), and where applicable, the Islamic Law Compilation (Kompilasi Hukum Islam). The document is processed differently based on religious affiliation - Muslim couples must proceed through Religious Courts, while non-Muslim couples go through Civil Courts. This agreement covers essential aspects including asset division, child custody, financial obligations, and future arrangements, serving as a binding reference for both parties post-divorce. It requires careful consideration of civil law requirements, religious principles, and customary law (adat) where relevant, making it a comprehensive document that protects the rights and obligations of all parties involved.

What sections should be included in a Divorce Agreement Contract?

1. Parties: Identification and details of both spouses, including full legal names, addresses, and national ID numbers

2. Background: Brief history of the marriage, including date and place of marriage registration, and general grounds for divorce

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Mutual Consent to Divorce: Clear statement of both parties' agreement to divorce and the grounds for divorce

5. Division of Matrimonial Assets: Detailed arrangements for the division of joint property (harta bersama) acquired during marriage

6. Financial Settlement: Terms of any financial settlements, including maintenance or alimony arrangements

7. Child Custody and Care: Primary custody arrangements, visitation rights, and decision-making responsibilities for children

8. Child Support: Financial arrangements for children's maintenance, education, and healthcare

9. Legal Custody: Arrangements for legal decision-making regarding children's welfare

10. Debts and Liabilities: Division and responsibility for joint debts and ongoing financial obligations

11. Tax Matters: Agreement on handling tax obligations and filings post-divorce

12. Dispute Resolution: Process for resolving future disputes regarding the agreement terms

13. Governing Law: Confirmation of Indonesian law as governing law and relevant jurisdiction

14. Execution: Signature requirements and formal execution provisions

What sections are optional to include in a Divorce Agreement Contract?

1. Religious Considerations: Specific provisions required under Islamic law (for Muslim couples) or other religious requirements

2. Business Interests: Arrangements for jointly owned businesses or business assets

3. Intellectual Property Rights: Division of intellectual property acquired during marriage

4. International Assets: Provisions for overseas properties or assets

5. Educational Arrangements: Detailed provisions for children's future education planning

6. Insurance and Benefits: Arrangements for life insurance, health insurance, and other benefits

7. Confidentiality: Privacy provisions regarding the terms of the agreement and personal matters

8. Social Media and Privacy: Guidelines for social media behavior and protection of family privacy

9. Future Relationship Conduct: Guidelines for future interactions, especially in relation to children or shared social circles

10. Inheritance Rights: Clarification of post-divorce inheritance rights, especially regarding children

What schedules should be included in a Divorce Agreement Contract?

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets with values and agreed distribution

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

3. Schedule C - Child Support Calculations: Detailed breakdown of child support calculations and payment schedule

4. Schedule D - Visitation Schedule: Detailed calendar of child visitation arrangements and special occasions

5. Schedule E - Property Documents: Copies of property titles, registration documents, and transfer arrangements

6. Schedule F - Business Valuations: Professional valuations of business interests (if applicable)

7. Appendix 1 - Marriage Certificate: Copy of original marriage certificate and registration

8. Appendix 2 - Children's Information: Details of children including birth certificates and relevant documentation

9. Appendix 3 - Financial Declarations: Sworn statements of financial positions from both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
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Relevant Industries

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Compliance

Administrative Support

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Family Law Practice

Property Division

Client Relations

Religious Affairs

Court Administration

Relevant Roles

Legal Counsel

Family Law Attorney

Paralegal

Court Clerk

Religious Court Judge

Civil Court Judge

Notary Public

Marriage Registrar

Divorce Mediator

Family Law Consultant

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Property Valuation Expert

Financial Advisor

Child Welfare Officer

Religious Affairs Officer

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