The marriage contract in Indonesia is a relatively new law that is useful for mixed couples to ensure the security of their common property. However, there are important things to consider before deciding to sign the agreement. They are: All couples, regardless of their wealth and financial situation, can benefit from a marriage contract in clarification. You can determine financial rights and obligations, whether during or after marriage (when divorce or separation takes place). Sometimes the spouses do not fly together to the foreign country. If this is the case, the Indonesian spouse can sign the marriage contract on behalf of his partner. This can be done using a power of attorney from the other partner. Despite its popularity, a prenuptial agreement may not be the ideal choice for all couples. There are times when a couple probably needs more post-uptal agreement than a prenup.
Cekindo has a team of legal advisors and experts who can help you draft your marriage contract. We can also help you apply for your spouse visa (SPAS-sponsored KITAS). Don`t let bureaucracy and formalities stop you from finding happiness. Contact ELSON or visit Elson.co.id now for questions and information about the marriage contract in Indonesia. All our services are reliable and cost-effective. Most people see marriage as the ultimate emotional and spiritual bond. They look forward to a happy life. However, when they have to negotiate a prenuptial agreement, they realize that not only will they have to decide what will happen to them if they divorce or if one of them dies, but they also have to negotiate these issues with their fiancé. This is not the kind of topic a briefly married couple likes to think about before getting married. A common reason why a couple doesn`t sign a marriage contract is because they have too little to discuss. A post-marriage contract can be concluded when a couple has a more stable or higher income and can therefore consider better details when discussing the agreement. This is ideal for creating a future financial plan in the worst case, such as divorce and death.
The marriage contract is good, but based on vague future possibilities. A post-naptile contract is usually concluded after a couple has gone through the considerable length of married life and has more understanding after their marital affairs (including problems, if any). There are several advantages of the post-marriage contract, such as: The assets of the husband and wife are held jointly after marriage and each partner is entitled to 50% of the estate. If a foreigner wants to protect property that appeared before the marriage, a marriage contract (Surat Pernyataan Harta) is required. A marriage contract must be concluded before the marriage and cannot be concluded retroactively. The agreement is legalized, while the marriage is registered with the local civil registry office (cantor Catatan Sipil) and the office of religious affairs (cantor Urusan Agama). Article 29(1) of the Marriage Act provides as follows: «At the time or before the marriage, they may, by mutual agreement of both parties, conclude an agreement approved by the holder of the civil registry office, according to which it shall also apply to third parties, provided that it also concerns them.» Another provision of the Marriage Act is that the agreement cannot be changed during the marriage except with the consent of both parties and cannot discriminate against any third party. That provision derives from Article 29(4) of the Law on marriage. Your Indonesian prenup must be recognized by the law of the country, even if you have the wedding day abroad. To ensure that the document is officially recognized, it must be written in Indonesian (with English translation in a separate form). The agreement must explicitly stipulate that the settlement of disputes must comply with Indonesian law. The idea of having a marriage contract for couples of mixed nationality is, among other things, to have a regime of separation of property in your marriage, since the Indonesian marriage law assumes common property in all marriages.
The Marriage Act applies to all Indonesians and all marriages registered in Indonesia. In addition, Indonesia`s real estate law does not allow foreigners to own property in Indonesia. Thus, if an Indonesian is married to a foreigner, he is prevented from legally owning property in Indonesia. We have three (3) types of marriage contracts in Indonesia. The first is the type that creates the separation of property acquired before marriage and gathers assets during marriage. The second is the type who shares the benefits or gains during the marriage, but not the associated losses and responsibilities that occurred in all areas. .