The Post Divorce Settlement Agreement is a crucial legal document used in Indonesia following the finalization of a divorce decree. This agreement becomes necessary when divorced couples need to formalize their arrangements regarding property division, financial obligations, child custody, and other post-divorce matters. It must comply with Indonesian Marriage Law No. 1 of 1974, the Civil Code (KUHPerdata), and for Muslim couples, the Islamic Law Compilation. The document is particularly important in cases involving significant assets, ongoing financial obligations, or child custody arrangements. It provides legal certainty and helps prevent future disputes by clearly documenting all agreed terms between the former spouses. The agreement needs to be properly executed, often requiring notarization, and may need approval from relevant Indonesian courts to ensure enforceability.
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1. Parties: Identification and details of both parties to the agreement
2. Background: Brief history of the marriage, divorce decree details, and purpose of this settlement agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Effective Date and Duration: When the agreement takes effect and its duration if applicable
5. Division of Property: Detailed arrangement of how marital assets and liabilities will be divided
6. Financial Settlement: Details of any lump sum payments, periodic payments, or maintenance arrangements
7. Child Custody and Access: Arrangements for custody, visitation rights, and access to children
8. Child Support: Financial arrangements for child support, including amount, frequency, and duration
9. Tax Considerations: How tax liabilities and benefits will be handled post-divorce
10. Mutual Release: Clause releasing both parties from future claims related to marriage
11. Governing Law: Specification that Indonesian law governs the agreement
12. Dispute Resolution: Process for resolving any future disputes regarding the agreement
13. Amendment Procedure: Process for making any future amendments to the agreement
14. Execution: Signature blocks and notarization requirements
1. Business Interests: Required when either party has business ownership that needs to be addressed
2. International Assets: Needed when there are assets located outside Indonesia
3. Educational Arrangements: Include when there are specific agreements about children's education
4. Medical and Healthcare: Required when there are specific arrangements for medical coverage
5. Religious Obligations: Include for Muslim couples or when religious considerations affect the settlement
6. Intellectual Property Rights: Needed when either party has IP rights that need to be addressed
7. Insurance Policies: Include when there are life, health, or other insurance policies to be addressed
8. Future Asset Discovery: Include when there's possibility of discovering previously unknown assets
1. Schedule A - Property Inventory: Detailed list of all marital properties and their agreed disposition
2. Schedule B - Financial Assets: List of bank accounts, investments, and other financial assets
3. Schedule C - Payment Schedule: Detailed schedule of any periodic payments or financial transfers
4. Schedule D - Child Support Calculation: Detailed calculation of child support amounts
5. Schedule E - Shared Expenses: List of agreed shared expenses and their allocation
6. Appendix 1 - Divorce Decree: Copy of the official divorce decree
7. Appendix 2 - Property Valuations: Professional valuations of significant assets
8. Appendix 3 - Children's Passport Arrangements: Details of passport handling and international travel arrangements for children
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