What to Know about Prenuptial Agreements?

What to Know about Prenuptial Agreements?

Find out the information about the prenuptial agreement before signing it.

Many couples, who are going to have the mixed marriage in Indonesia, sign the prenuptial agreement. The purpose of getting this agreement is to avoid the issues that may appear in the marriage life later. Read the information about the prenuptial agreement in Indonesia.

 

 

 

  1. Prenuptial Agreement

The prenuptial agreement (aka premarital agreement, antenuptial agreement, or prenup) is the legal contract agreement that is made by a husband and wife before the marriage takes place. The contents mostly cover the issues such as the separate marital properties, the custody of the child/children, and alimony settlement (in case the divorce may happen).

 

 

 

  1. The Laws about the Prenuptial Agreement

Here are some laws that adjust the issue of the prenuptial agreement in Indonesia.

 

  • Marriage Act No. 1 in 1974

Article 29

Paragraph 1

At the time before the marriage held, both parties upon mutual agreement can be entered into a written agreement approved by the Civil Registrar of marriage, after which it shall also apply to third parties through third parties involved.

 

 

Article 35

Paragraph 1

The treasures acquired during the marriage become joint property;

 

 

Article 35

Paragraph 2

An innate property of their respective husbands and wives and property, each of which is obtained as a gift, is under the supervision of each, as long as the parties do not make other promises.

 

 

 

  • Act No.5 of 1960 Concerning Basic Regulations on Agrarian Principles

Article 21

Section 1

Only an Indonesian citizen may have rights of ownership.

 

 

Article 21

Section 3

Any foreigner, who, after the coming into force this act has obtained the right of ownership through inheritance, without a will or through communal marital property and any Indonesian citizen too, having the right of ownership and losing nationality after the coming into force of this law, are obliged to relinquish that right of after losing that nationality. If after the expiry of that period of the right of ownership is not relinquished, then it becomes invalid by the provision that the right of other parties, incumbent hereon, endure.

 

 

 

  • Indonesia Civil Code

Article 139

The prospective spouses, may, pursuant to a prenuptial agreement deviate from the rules stipulated concerning legal community property, provided that they do not contravene proper morals or public order and that they comply with the following provisions.

 

 

Article 163

All debts, being the responsibility of both spouses, and incurred during the marriage, shall be deemed to be a loss in the community property. Notwithstanding this, anything forfeited by a spouse due to a misdemeanor shall not be deemed to be a loss in the community property.

Read the Indonesia Civil Code for more detailed information.

 

 

 

The Main Reason for the Couples Get Prenuptial Agreement

There are many reasons why the couples get the prenuptial agreement. The main reason that many couples sign this agreement in Indonesia is that they will have a mixed marriage. If you are an Indonesian and married a foreigner, you cannot own or purchase the property in Indonesia if you do not get the premarital agreement.

 

 

It is stated in the Act No.5 of 1960 Concerning Basic Regulations on Agrarian Principles article 21, section 3. You have the same legal position as your foreign spouse. Therefore, the prenuptial agreement is a way for you to preserve the rights as an Indonesian citizen to own the properties in Indonesia.

 

 

If you think you and your prospective need to get the prenuptial agreement, it is recommended that both of you consult with the attorney. The attorney will give you the solution and the contents that will be written in this agreement.

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