A Spousal Waiver is a crucial document in Indonesian family law practice, used when married couples need to formally establish separate rights over property or assets that would otherwise be subject to marital property rules. This document type is particularly relevant in Indonesia's unique legal environment, which combines civil law, customary law (adat), and Islamic law principles. The Spousal Waiver must be carefully drafted to comply with Indonesian Marriage Law No. 1 of 1974 and related regulations, while also considering any applicable religious law requirements. It typically includes detailed information about the rights being waived, property descriptions, and necessary declarations to ensure legal validity. The document is commonly used in property transactions, business ownership arrangements, inheritance planning, or when couples want to establish clear separation of certain assets from their marital property regime.
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1. Parties: Identification of both spouses, including full legal names, residence addresses, and national ID numbers (NIK)
2. Background: Context of the marriage, including date of marriage, applicable marriage regime, and general purpose of the waiver
3. Definitions: Key terms used in the document, including property types, rights being waived, and relevant legal concepts
4. Subject Matter of Waiver: Detailed description of the rights, claims, or interests being waived
5. Representations and Warranties: Statements confirming each party's capacity, understanding, and voluntary nature of the waiver
6. Acknowledgment of Independent Legal Advice: Confirmation that each party has received or had the opportunity to receive independent legal counsel
7. Governing Law: Explicit statement that the waiver is governed by Indonesian law
8. Execution Requirements: Requirements for proper execution, including notarization and witness requirements
1. Specific Property Description: Detailed description of specific properties involved, used when the waiver relates to particular assets
2. Religious Law Compliance: Additional provisions ensuring compliance with Islamic law, required for Muslim couples
3. Future Rights: Provisions regarding future acquired property or rights, included when parties want to address future acquisitions
4. Revocation Terms: Conditions under which the waiver may be revoked, if applicable
5. Language Requirements: Dual language provisions if one party requires translation, commonly used for international marriages
6. Dispute Resolution: Specific procedures for resolving disputes, included for complex property arrangements
1. Schedule A - Property Inventory: Detailed list of properties and assets covered by the waiver
2. Schedule B - Supporting Documents: List of marriage certificates, property titles, and other relevant documentation
3. Schedule C - Independent Legal Advice Certificates: Certificates from legal advisors confirming independent advice provided
4. Appendix 1 - Property Valuations: Professional valuations of significant assets covered by the waiver
5. Appendix 2 - Translation Certificate: Official translation certificate if document is in multiple languages
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