The Divorce Property Settlement Agreement is a crucial legal document used in Indonesian divorce proceedings to formalize the division of property between separating spouses. It becomes necessary when couples decide to divorce and need to legally separate their financial affairs and property interests. The agreement must comply with Indonesian Marriage Law, civil code requirements, and where applicable, Islamic law principles. It typically includes comprehensive details about the division of joint property (harta bersama), recognition of separate property (harta bawaan), allocation of debts, and practical implementation steps. This document is particularly important in Indonesia's legal context as it helps prevent future disputes and provides a clear framework for property division that can be recognized and enforced by courts. It should be prepared with professional legal assistance to ensure compliance with all relevant laws and regulations.
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1. Parties: Identification of both spouses, including their full legal names, addresses, and marriage certificate details
2. Background: Context of the marriage, date of separation, pending divorce proceedings, and intention to settle property matters
3. Definitions: Definitions of key terms including joint property, separate property, and other relevant legal concepts
4. Acknowledgments: Mutual acknowledgments about full disclosure of assets and liabilities, and independent legal advice
5. Division of Joint Property: Detailed allocation of joint marital property (harta bersama) between the parties
6. Separate Property: Confirmation of each party's separate property (harta bawaan) that remains their individual property
7. Real Estate: Specific arrangements for the division or transfer of real estate properties
8. Financial Assets: Division of bank accounts, investments, and other financial assets
9. Vehicles: Distribution of motor vehicles and their associated liabilities
10. Business Interests: Allocation of any business ownership or interests
11. Debts and Liabilities: Distribution of responsibility for joint and separate debts
12. Implementation: Practical steps and timeline for implementing the property division
13. Tax Implications: Acknowledgment and allocation of tax responsibilities
14. Dispute Resolution: Process for resolving any future disputes about the agreement
15. Governing Law: Specification of Indonesian law as governing law and relevant jurisdiction
1. Islamic Law Compliance: Additional provisions for Muslim couples ensuring compliance with Islamic law principles
2. Overseas Assets: Specific provisions for property located outside Indonesia
3. Intellectual Property: Division of intellectual property rights if applicable
4. Future Inheritance: Provisions regarding expected inheritances or family gifts
5. Business Continuation: Detailed arrangements for ongoing business relationships if parties have shared business interests
6. Mutual Release: Release of future claims against each other's property
7. Confidentiality: Provisions for maintaining confidentiality of agreement terms
1. Schedule A - Asset Inventory: Comprehensive list of all joint and separate assets with agreed values
2. Schedule B - Property Valuations: Professional valuations of major assets including real estate and businesses
3. Schedule C - Debt Schedule: List of all joint and separate debts with current balances
4. Schedule D - Implementation Timeline: Detailed timeline for transfer and division of assets
5. Schedule E - Property Transfer Documents: Forms and documents required for property transfers
6. Appendix 1 - Marriage Certificate: Copy of marriage certificate and relevant registration documents
7. Appendix 2 - Property Certificates: Copies of property ownership certificates and registration documents
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