The Post Divorce Agreement is a crucial legal document used in Indonesia following the finalization of a divorce to establish clear and enforceable terms between former spouses. This agreement becomes necessary when divorced parties need to formalize arrangements regarding child custody, property division, financial obligations, and other post-divorce matters. It must comply with Indonesian Marriage Law (Law No. 1 of 1974), the Civil Code, and for Muslim couples, the Compilation of Islamic Law. The document is particularly important in cases involving complex asset distribution, child custody arrangements, or ongoing financial obligations. It provides legal certainty and helps prevent future disputes by clearly documenting all agreed terms and conditions. The agreement should be properly executed before a notary and, where required, registered with relevant authorities to ensure its enforceability within the Indonesian legal system.
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1. Parties: Identification of both former spouses, including full legal names, addresses, and any other relevant identifying information
2. Background: Brief history of the marriage and divorce, including reference to the divorce decree and reason for this agreement
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Child Custody and Access: Detailed arrangements for physical and legal custody of children, including visitation schedules
5. Child Support: Financial arrangements for child maintenance, including amount, payment schedule, and review mechanisms
6. Property Division: Final settlement of property division, including real estate, vehicles, and personal property
7. Financial Obligations: Division of debts, loans, and ongoing financial responsibilities
8. Alimony/Spousal Support: Terms of any ongoing spousal support, including amount, duration, and conditions for modification
9. Tax Matters: Agreement on tax filings, dependencies, and division of tax liabilities/benefits
10. Dispute Resolution: Process for resolving future disputes, including mediation requirements
11. Governing Law: Confirmation of Indonesian law as governing law and relevant jurisdiction
12. Amendment and Review: Provisions for reviewing and modifying the agreement
13. Execution: Signature requirements and witness provisions
1. Religious Considerations: For Muslim couples, specific provisions aligned with Islamic law requirements
2. International Assets: Provisions dealing with overseas properties or investments, if applicable
3. Business Interests: Arrangements regarding shared business interests or company ownership
4. Education Fund: Specific provisions for children's education funding and management
5. Insurance Policies: Arrangements regarding life, health, or other insurance policies
6. Inheritance Rights: Specific provisions regarding future inheritance matters
7. Relocations: Terms governing potential future relocations, especially regarding children
8. Extended Family Relations: Agreements regarding relationships with extended family members
1. Schedule A - Child Visitation Calendar: Detailed calendar showing custody arrangements and visitation schedules
2. Schedule B - Property Inventory: Comprehensive list of all properties and assets covered by the agreement
3. Schedule C - Financial Obligations: Detailed list of all debts and financial obligations
4. Schedule D - Child Support Calculations: Detailed breakdown of child support calculations and adjustments
5. Schedule E - Important Documents: List of important documents and their locations (e.g., birth certificates, property titles)
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 Special Needs: Any specific arrangements for children's special needs or requirements
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