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Prenuptial Postnuptial Agreement Template for Indonesia

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Key Requirements PROMPT example:

Prenuptial Postnuptial Agreement

"I need a Prenuptial Agreement under Indonesian law for a mixed marriage between an Indonesian business owner and an Australian citizen, to be executed before our planned wedding in March 2025, with specific provisions for protecting existing family business interests and foreign assets."

Document background
The Prenuptial Postnuptial Agreement is a crucial legal document in Indonesian family law that addresses the financial and property arrangements between married or soon-to-be-married couples. This document becomes particularly important in cases involving business owners, international marriages, high-net-worth individuals, or when protecting family businesses and inheritances. Following the Constitutional Court Decision No. 69/PUU-XIII/2015, these agreements can be executed either before marriage (prenuptial) or during marriage (postnuptial), offering flexibility in timing while maintaining legal enforceability. The agreement must be properly executed before a notary and registered with relevant authorities to be legally binding. It typically covers asset separation, property rights, business interests, and financial obligations while complying with Indonesian civil law, religious law considerations, and specific regulations regarding foreign ownership of assets.
Suggested Sections

1. Parties: Identification of both parties entering into the agreement, including full legal names, places and dates of birth, occupations, and current addresses

2. Background: Context of the agreement, including the intended marriage date (for prenuptial) or marriage details (for postnuptial), and general purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including types of property, income, and other relevant terminology

4. Legal Basis: Reference to relevant Indonesian laws and regulations under which the agreement is made

5. Separation of Property: Core provisions establishing the separation of assets and the regime of separate property ownership

6. Pre-Marriage Assets: Detailed provisions regarding assets owned by each party before marriage and their status during marriage

7. Future Acquired Assets: Provisions regarding assets acquired during marriage and their ownership status

8. Income and Earnings: Treatment of income, salary, bonuses, and other earnings during marriage

9. Debts and Liabilities: Provisions regarding existing and future debts, and allocation of financial responsibilities

10. Business Interests: Provisions regarding existing and future business ownership and management

11. Inheritance and Gifts: Treatment of inherited assets and gifts received during marriage

12. Termination Events: Circumstances under which the agreement may be modified or terminated

13. Governing Law: Confirmation of Indonesian law as governing law and relevant jurisdiction

14. Dispute Resolution: Procedures for resolving disputes related to the agreement

15. Execution and Registration: Requirements for proper execution and registration of the agreement with relevant authorities

Optional Sections

1. Religious Law Compliance: Additional provisions ensuring compliance with religious law requirements, particularly relevant for Muslim couples

2. Foreign Assets: Special provisions for handling foreign assets and compliance with international laws, relevant for couples with overseas properties

3. Intellectual Property Rights: Provisions regarding ownership and rights to intellectual property, relevant for couples involved in creative or technical professions

4. Child Support and Education: Provisions regarding financial responsibilities for existing or future children, if parties wish to include this

5. Insurance and Social Security: Provisions regarding life insurance, health insurance, and social security benefits

6. Digital Assets: Provisions regarding ownership and management of digital assets and cryptocurrencies

7. Family Business Protection: Special provisions protecting family businesses and hereditary assets

8. Sunset Clause: Provisions for automatic review or termination after a specified period

Suggested Schedules

1. Schedule A - Pre-Marriage Assets: Detailed inventory of assets owned by each party before marriage

2. Schedule B - Excluded Assets: List of specific assets excluded from the agreement's provisions

3. Schedule C - Business Interests: Detailed description of business ownership and related arrangements

4. Schedule D - Property Ownership Certificates: Copies or details of property ownership certificates and documentation

5. Schedule E - Debt Schedule: Detailed list of existing debts and liabilities of each party

6. Appendix 1 - Asset Valuation Reports: Independent valuation reports for significant assets

7. Appendix 2 - Required Legal Declarations: Statutory declarations and required legal forms

8. Appendix 3 - Registration Requirements: Checklist and documentation for proper registration of the agreement

Authors

Alex Denne

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

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Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Family Business

International Trade

Professional Services

Wealth Management

Property Development

Agriculture

Manufacturing

Hospitality

Retail

Relevant Teams

Legal

Corporate Affairs

Wealth Management

Family Law Practice

International Law Practice

Property Law Practice

Document Registration

Compliance

Private Client Services

Corporate Advisory

Notarial Services

Relevant Roles

Lawyer

Notary Public

Legal Counsel

Wealth Manager

Financial Advisor

Marriage Registrar

Family Law Specialist

Corporate Lawyer

Property Lawyer

International Law Specialist

Business Owner

Company Director

Estate Planner

Tax Advisor

Religious Affairs Officer

Civil Registry Officer

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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