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Loan Agreement Between Spouses for Indonesia

Loan Agreement Between Spouses Template for Indonesia

A specialized loan agreement template designed for use between married couples under Indonesian law. This document facilitates formal lending arrangements between spouses while complying with Indonesian Civil Code, Marriage Law (Law No. 1 of 1974), and where applicable, Islamic law principles. The agreement includes provisions for loan terms, repayment schedules, and considers the unique aspects of marital property rights under Indonesian jurisdiction, while providing mechanisms for enforcement and dispute resolution within the context of marriage law.

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Loan Agreement Between Spouses

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What is a Loan Agreement Between Spouses?

The Loan Agreement Between Spouses is a formal legal document used in Indonesia when one spouse wishes to lend money to the other. This document is essential for clearly documenting financial arrangements between married couples, protecting both parties' interests, and ensuring compliance with Indonesian legal requirements. It becomes particularly important for substantial loans, asset protection, or when clarity is needed regarding whether the loan constitutes joint or separate marital property. The agreement must comply with the Indonesian Civil Code, Marriage Law No. 1 of 1974, and where applicable, Islamic law principles. It's commonly used in situations involving business investments, property purchases, or personal financial arrangements between spouses, and can be crucial documentation in case of future marital disputes or estate planning.

What sections should be included in a Loan Agreement Between Spouses?

1. Parties: Identification of both spouses, including their marriage certificate details and current residential address

2. Background: Context of the loan, including confirmation of marriage status and any relevant marital property arrangements

3. Definitions: Key terms used in the agreement, including definitions of marital property, separate property, and loan-related terms

4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended use of funds

5. Interest Rate and Calculations: Details of any interest charged (if applicable) and calculation method

6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions

7. Security (if any): Details of any assets provided as security for the loan

8. Representations and Warranties: Statements about the parties' capacity, marital status, and authority to enter into the agreement

9. Events of Default: Circumstances constituting default, including provisions related to divorce or death

10. Governing Law and Jurisdiction: Confirmation of Indonesian law as governing law and jurisdiction for disputes

What sections are optional to include in a Loan Agreement Between Spouses?

1. Sharia Compliance: Required if parties are Muslim and wish to ensure compliance with Islamic finance principles

2. Marital Property Statement: Optional section clarifying whether the loan forms part of joint marital property or remains separate property

3. Divorce Provisions: Optional provisions dealing with loan treatment in case of divorce

4. Third Party Consent: Required if either party's assets are subject to third-party rights or claims

5. Insurance: Optional provisions for life or property insurance to secure the loan

6. Witness Attestation: Optional but recommended section for witness signatures to strengthen enforceability

What schedules should be included in a Loan Agreement Between Spouses?

1. Repayment Schedule: Detailed schedule of repayment dates and amounts

2. Asset Schedule: List and description of any assets provided as security

3. Marriage Certificate Details: Copy or extract of marriage certificate details

4. Proof of Funds: Documentation showing source and transfer of loan funds

5. Consent Letters: Any required third-party consents or approvals

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Legal Services

Financial Services

Banking

Islamic Finance

Personal Finance

Family Law

Notary Services

Wealth Management

Relevant Teams

Legal

Compliance

Private Banking

Wealth Management

Family Law Practice

Islamic Banking

Personal Banking

Document Processing

Risk Management

Relevant Roles

Legal Counsel

Family Law Attorney

Notary Public

Islamic Law Advisor

Wealth Manager

Financial Advisor

Bank Manager

Marriage Counselor

Estate Planner

Compliance Officer

Personal Banking Manager

Family Office Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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