Find out the sample of points written in Indonesian prenuptial agreement here!
Many couples who have the mixed-couple marriage in Indonesia sign the prenuptial agreement. Prenuptial agreement is a legal agreement written by two partners who will have the mixed-couple marriage.
One of the reasons why the couples sign this agreement because they want to separate or specify the right of owning or purchasing property in Indonesia after the marriage takes place. If you plan to make this agreement, here is the overview and the sample of points written in the prenuptial agreement.
The Overviews of the Prenuptial Agreement in Indonesia
If both partners from the mixed-couple marriage want to protect their assets or properties, they can make and legalize this agreement in the notary and at the same time register their marriage the local civil registry office or the office of religious affairs.
The prenuptial agreement can be the solution for the Indonesian spouses to have the right to have the assets or buy the land in Indonesia. As the Agrarian Law in Indonesia that states that only Indonesians can own and purchase the land in Indonesia, foreigners still can put their names on the land title with their Indonesian spouse.
However, it becomes illegal to put the name of foreigner alone when the Indonesian spouses die. Therefore, the surviving foreign spouse should sell the property in Indonesia within a year or that property will belong to the Indonesian government legally.
The Sample Points of Prenuptial Agreement
Here is the sample of the points written in the prenuptial agreement when you plan to have the mixed-couple marriage. You may find the different formats. The format will depend on the notary that you use.
The Sample of Prenuptial Agreement
On this day, _________Faced me, (the name of the notary), notary in (the name of city), in the presence of the witnesses who are known by me, notary, and will be mentioned at the end of this deed:
(The name of the prospective husband), hereinafter referred to as the First Part,…
(The name of the prospective wife), hereinafter referred to the Second Part,…
The Parts are being known by me, Notary __________
The Parts explained to me, Notary:
Between the Parts, there has been an agreement to have a marriage, and for that, the Parties have agreed in consensus to make a marriage contract with the terms and conditions as follows:
Between husband and wife, there would be no joint/common properties, or joint/common gain/loss, or joint/common income/debt.
All properties of any nature brought to the marriage or acquired during the marriage by any Part, remain the properties of the mentioned Part.
Properties obtained during the marriage must be proved by ownership evidence.
The Rights of the Parts
Wealth and debt of any Part that happens before or during the marriage remain the rights or obligations of the mentioned Part.
Those articles above may refer to the points that you can include in your prenuptial agreement. You can add more points related to children custody just in case you and your spouse divorces or dies.
To find out the further details about the points in the prenuptial agreement of the mixed-couple marriage, you should meet the notary or lawyer. They know the law and the regulations in Indonesia and the criteria should be listed in the prenuptial agreement.
In contrast, you can write what both of you want to write in your prenuptial agreement in Indonesian, and both of you sign your agreement and legalize it in front of the notary so that you can pay less. After being legalized by the notary, you can present the agreement in the civil registry.