Prenuptial Agreement in Indonesia

Making a prenuptial agreement in Indonesia can help you protect premarital assets and plan for the unexpected, as you enter your marriage relationship.  Prenuptial agreements are often considered by individuals who own businesses, or other valuable assets, prior to marriage, and parties who are getting married for a second time and want to preserve their estate for their children. A prenuptial agreement must be substantially fair, and executed in a procedurally fair manner.

Prenuptial agreement is a contract entered into prior to marriage or civil union by the people intending to marry. A prenuptial agreement can help protect your assets and save you a lot of stress in your marriage.

The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage.

Under the Indonesian Law it is regulated in article 29 Law Number 1/1974 regarding marriage. Usually agreements were made to give legal protection toward spouse’s properties, though the law does not regulate the objective/s of prenuptial agreement. Content of the agreement is up to the parties and it enters into force since the marriage is registered in Civil Registry.

Without prenuptial agreement, separation of property between spouses is disregarded. Any property incurred during the marriage will be collective property. Therefore in the event of divorce, the division of property tends to be the most complicated dispute between the couple.

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Many of Indonesians disregard prenuptial agreement, since they believe that marriage is sacral and divorce separation is highly discourage by society. But seeing the fact today that divorce separation is being common to society and that dispute regarding division of property and child come as the big issue during the process, yet prenuptial agreement is very important to prevent the dispute. Not only in the event of divorce, it is also highly suggested for Indonesian women planning to marry foreigners. Without prenuptial agreement, Indonesian women are not allowed to have property. Here we have seen how important prenuptial agreement is.

In A&A Law Office, our experienced consultants/legal advisers will be able to help you to draft the content of the agreement that suits you and your couple. Trough our legal assistant, it is expected that the agreement gives you legal protection as you need. For Further Information : 081246373200 / lawyer@aa-lawoffice.com

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