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.
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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
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
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
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