The Marital Agreement Divorce document serves as a crucial legal instrument in Indonesian divorce proceedings, used when married couples seek to formally terminate their marriage and establish clear terms for their separation. This agreement, governed by Indonesian Marriage Law No. 1 of 1974 and its implementing regulations, is essential for documenting the mutual understanding between parties regarding property division, financial obligations, child custody, and support arrangements. For Muslim couples, the agreement must also align with the Compilation of Islamic Law (KHI) and may require approval from the Religious Court. The document becomes particularly important in cases involving significant assets, children, or international elements, and requires careful consideration of both civil and religious legal requirements to ensure enforceability within the Indonesian legal system.
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1. Parties: Identification and details of both spouses entering into the divorce agreement
2. Background: Brief history of the marriage, including date and place of marriage registration, and general context for the divorce agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Divorce Declaration: Formal statement of mutual agreement to divorce and terminate the marriage
5. Grounds for Divorce: Statement of the legal grounds for divorce under Indonesian law
6. Division of Marital Property: Detailed arrangements for the division of joint property (harta bersama) acquired during marriage
7. Financial Settlement: Terms of any financial settlements, including any agreed maintenance or alimony
8. Child Custody and Care: Primary custody arrangements and parenting responsibilities for any children of the marriage
9. Child Support: Financial arrangements for the support and maintenance of children
10. Legal Jurisdiction: Statement of the governing law and courts having jurisdiction over the agreement
11. Dispute Resolution: Process for resolving any future disputes relating to the agreement
12. Execution: Signing requirements and formal execution of the agreement
1. Religious Requirements: Additional provisions required for Muslim couples under Islamic law, used when parties are Muslim
2. Visitation Rights: Detailed arrangements for visitation rights of the non-custodial parent, used when there are children involved
3. International Aspects: Additional provisions for international marriages or where one party resides overseas
4. Business Interests: Specific arrangements regarding joint business interests or company shareholdings
5. Intellectual Property Rights: Division of intellectual property rights acquired during marriage
6. Educational Arrangements: Specific provisions regarding children's education and associated costs
7. Insurance and Healthcare: Arrangements regarding life insurance policies and healthcare coverage
8. Inheritance Rights: Provisions regarding mutual inheritance rights post-divorce
9. Confidentiality: Provisions regarding privacy and non-disclosure of personal matters
1. Schedule A - Asset Inventory: Detailed list of all marital assets and their agreed values
2. Schedule B - Property Details: Specific details of real estate properties and their disposition
3. Schedule C - Financial Accounts: List of all joint financial accounts and their distribution
4. Schedule D - Parenting Schedule: Detailed weekly/monthly schedule for child custody and visitation
5. Schedule E - Child Support Calculations: Detailed breakdown of child support calculations and payment schedule
6. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate
7. Appendix 2 - Property Documents: Copies of property ownership documents
8. Appendix 3 - Court Orders: Copies of any relevant court orders or judicial decisions
9. Appendix 4 - Children's Documents: Copies of children's birth certificates and other relevant documents
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