A prenuptial agreement is made prior to a couple getting married. It is an agreement to keep prior ownership of certain assets separate during the marriage. The prenuptial agreement can also keep the ownership of new property separate during the marriage so that there is no new joint ownership of communal assets. Additionally, in the context of marriage to a foreigner, a prenuptial agreement can preserve the right of an Indonesian spouse to own certain company shares and real estate property that a foreigner is not allowed to own.
When is a prenuptial agreement needed for a marriage involving an Indonesian and Non-Indonesian citizen?
What else should be considered when making a prenuptial agreement?
While prenuptial agreements are a legal way for an Indonesian partner to preserve their right to own certain shares and property, there are other legal consequences that need to be considered. For example, in the case of a divorce, what is stated in the prenuptial agreements may not reflect the reality of whose money has actually paid for assets purchased by the couple. Therefore, it is best to talk to a professional person to fully understand all the legal consequences and risks in each person’s situation.
What about a couple who did not have a prenuptial agreement before they were married?
How long does it take to make a prenuptial agreement?
For a prenuptial agreement, it currently takes about 1-2 weeks from drafting to completion of the notarial deed of the prenuptial agreement. Then, the agreement must be registered and authorized by the Civil Registration office or Religious Affairs Office (for a Muslim couple), and registered at the District Court. It takes another 3-4 weeks to receive proof of registration at the Civil Registry or the Office of Religious Affairs, and proof of registration at the District court.
What are the actual deliverables that a client receives when making a prenuptial agreement?
Proof that the deed has been registered at the District Court.
What are the required documents for making a prenuptial agreement?
Circular of Directorate General of Islamic Community Guidance dated September 28, 2017 Number B.2674/DJ.III/KW.00/9/2017 concerning Nuptial Agreement Registration.