Agus and Rita have been married for ten years. The family income is well developed, and a small family that live in conditions of all-sufficientIn the course of his marriage, had Rita to invest in stocks amounted to fifty million to start a business selling furniture. But very pity, after Rita runs smoothly for five years, Agus entangled in other women who become co-workers in the office. A quarrel which is not over ends on the decision of both to get divorced and can no longer to come to terms back. After the judge of the religious court decide their marriage, now they should be set regarding the division of marital property during the marriage lasted. Whether he is also entitled to the division of the development of business furniture which they founded together. Before we discuss the problem of Agus and Rita regarding the division of marital property in their marriage, I'll tangent a little about the agreement mate. Why must be made in agreement mate Because in marriage not only discuss the presence or absence of marital property between husband and wife when they divorce, but also related to the ownership of assets, indebtedness up to the inheritance of the treasure of each husband and wife at the time they meninggla the world. In addition to the separation or the division of property between husband and wife, in the marriage also added a clause about the prohibition on domestic VIOLENCE. Actually, marriage is not just made when the married couple FOREIGNERS, but if necessary, the agreement of mating can also be made to INDONESIAN couples. Most of the marriage made to provide clarity if one day things happen that are not desirable as well as divorce. If before marriage have made marriage that the point separating the whole treasure of innate and property acquisition between husband and wife (Agus and Rita), so when divorce happens, each husband and wife is only to acquire the property registered in the name of them. Because it is not known the term marital property between them. Thus, in such cases, the husband -Agus- not entitled to the ownership of the asset and the results of the development of the business is run by Rita, also against any other property belonging to Rita, and vice versa.
This includes all accounts payable incurred by each in performing their business activities.
However, if between husband and wife are never created marriage, so based on the Article of the Book of Law Civil Law, then since the marriage happened, for the sake of the law it came to pass mingling of treasure in between the two. As a result a treasure of a wife to be a treasure of a husband, and vice versa. This is what is referred to as joint property To treasure together, if there is a divorce, then it should be divided equally between husband and wife. The division of property together include all the gains and losses obtained from the business as well as the efforts made by the husband and wife as long as they are still bound in marriage. A little different with the settings before the entry into force of Law No. one of the Year concerning Marriage (“Marriage ACT”) In Article thirty-five, paragraph and of the LAW of Marriage, established the separation between the treasure along with the treasures of default. In the civil Code, all property of the husband and the wife become joint property while in the Marriage ACT, which became the joint property is property acquired during the marriage, while the property acquired before the marriage become the treasures of default of each husband and wife. Treasure the innate and possessions obtained by each as a gift or inheritance is under the mastery of each still along the parties do not determine the other. Therefore, if the investment (property) is acquired in the marriage, then it becomes joint property that must be divided between husband and wife in case of divorce (Article thirty seven of the LAW of Marriage). A judgment of Divorce does not automatically divide the joint property the important Thing to remember by the couple, or by the public are: the rupture of a marriage with the judgment of divorce does not automatically regulating the division of joint property in marriage. So, in the case of marriage breaking up because of divorce, while the couple never make perjanjian pisah harta, then it must be the verdict of the separate regarding the division of marital property that they have. If there is no verdict the determination of the division of marital property, then any legal actions against the assets registered in the name of one of the parties, be it in the name of husband and wife, then it must obtain the consent of the former husband and wife.
The deeds of the law meant not only the legal act of selling alone, but including also and even rent out the asset to another party.
What if the marriage already broken up but there has been no Court order about the joint property.
In case so, then couples who are already divorced or will get divorced could make a deed of mutual Agreement regarding the division of marital property they are in the presence of a Notary.
The notary will describe all the assets that they have, and the agreement between the couple against the asset of their marriage. In the case of example (ex) husband handed over a plot of land to (former) wife, then in in the deed of Agreement must also include all the power needed to process baliknama certificate, a waiver of the right over the land in question, including also the power to pledge, encumber with security Rights, and so forth until the land can be fully controlled by the concerned. If Child Custody can also be agreed upon in the Notarial Deed. In principle, in terms of civil law, for the child of the spouse is still under age and can not be proved that the mother was negligent in performing assigned as the mother, then the child is still in the minors her parental rights was handed over to his mother, unless proven otherwise. But also if divorce is made peacefully and without fuss, the couple wish to get divorced at once make an agreement about the parenting and the surrender of custody of a child born from their marriage to one spouse. The agreement can be formalized in the deed of mutual agreement and asked all in the court when the rupture of the marriage. So, hopefully this article useful and can help the problems that occur on the reader.
