Postnuptial Agreement Di Indonesia

Postnuptial Agreement Di Indonesia

Thus, the BPN recognized her right as an Indonesian to hold the property as transferred by our postnup, which they signed during the marriage. Of course, this is very good news for married couples without a marriage contract in Indonesia. I believe that married couples who own the property can thrive even without a prenup, and I can say that our postnups have certainly been enriched with recent developments. Unlike marriage contracts, marriage contracts are not listed in the Indonesian Marriage Law of 1974. However, the Indonesian Civil Code mentions the post-marriage contract, in particular the division of property, and therefore still has its legal effect. Post-uptial contracts are most often used to settle financial matters, including ownership of marriages of mixed nationality. Postnup is very useful when spouses have not managed to create a marriage but want to protect their property. This is not something that is common in Indonesia because the law thinks you should have gotten a prenup in the first place. Therefore, the requirements for setting up a postnup are stricter than for setting up a prenup. The contract must be drafted with full disclosure of all assets, voluntarily entered into by both parties and have fair and equitable terms. The post-uptial contract can be useful for couples who want to enter into a post-marital contract after a significant financial change or a period of marital conflict. It is signed and considered about an existing, continuous and viable marriage.

This agreement allows married couples to legally determine in advance how the property will be divided if the couple divorces. For advice on how to enter into a post-marriage contract in Indonesia, contact Cekindo now for a confidential and free initial consultation. First, fill out the form below. When talking about mixed marriages in Indonesia, there is a lot to learn and understand. For example, if an Indonesian citizen marries a foreign citizen, the Indonesian counterpart may lose their right to own a title deed (SHM) of a property because their foreign counterpart does not have the right to hold full title deed in accordance with the Indonesian Agricultural Law. Nevertheless, entering into a marriage contract, whether in or out of wedlock, will give them a different scenario. This article deals with the marriage contract in Indonesia. On 19 May 2017, the Indonesian Ministry of Interior issued a clarification of Constitutional Court Decision No. 69/PUU-XIII/2015 of 27 May 2015. October 2016, declaring section 29 of the Marriage Act 1974 unconstitutional. This clarification regarding the registration of marriage contracts takes the form of a letter on the registration of reports on marriage contracts No. 472.2 / 5876 / Dukcapil dated May 19, 2017 addressed to the heads of the departments of population and civil registries in governorates and cities throughout Indonesia.

This letter regulates the legality of post-marriage contracts for the separation of property. Marriage is not as easy as it seems. There can be countless consequences for the bride and groom. The consequences can vary in different aspects such as inheritance, wealth and citizenship. Therefore, in order to control the consequences that can result from marriage, it is becoming more and more common for couples to enter into a “marriage contract” or marriage contract. Recent developments related to postnup have been very important. The latest updates from the Supreme Court of Jakarta regarding the post-marriage contract. Confirmation by the Supreme Court is subject to the following conditions, among others: The request for inclusion of the post-up contract can be submitted by the husband and / or wife. However, if the husband and/or wife are absent/absent or employed, the power of attorney may be granted to a third party. Read on to learn more about what a post-marriage contract is and how to get one. A marriage contract in Indonesia will help you take control of your rights and fulfill your obligations during your marriage to your Indonesian spouse – should your relationship end.

First of all, a postnup is not a backdated prenup. It is signed and dated after your wedding. If you are married, you are married. There is no way to go back after already being married and getting a prenup or even backdated a prenup. This would be illegal under Indonesian law! The harsh reality is that courts tend to assume that a prenup is still valid, but they have the opposite reaction to the backdated prenup. In most cases, it is assumed that this type of agreement is not valid. As for Article 1338 of the Indonesian Civil Code, an agreement can establish anything, as long as it does not violate the law, so it is binding on the parties to comply with it. This means that a post-marriage contract can be drawn up over anything and will prevail as long as it does not violate applicable laws and regulations. In practice, however, the component of a post-marital contract generally refers to the separation wealth obtained after marriage, bearing in mind that, according to article 35 of the Indonesian Marriage Law, all real estate acquired after a marriage is held jointly. Therefore, a provision in this area is important for couples, especially for mixed couples. With regard to the above, it appears that Indonesian law provides only for a marriage contract or a marriage contract concluded before marriage. However, due to Resolution No.

69/PUU-XIII/2015 of the Indonesian Constitutional Court of 2015 (“Resolution MK 69/2015”), Article 29(1) of the Indonesian Marriage Law has been somewhat streamlined. As a result, the post-marital contract or a marriage contract concluded after the conclusion of the marriage is legally known in Indonesia, since resolution MK 69/2015 prevails. Just like the marriage contract, a marriage contract must also be confirmed by a notary or civil registrar. The mixed couple is a couple of an Indonesian citizen and a foreign citizen. They are bound by a mixed marriage. Article 57 of the Indonesian Marriage Law defines a mixed marriage as a marriage between a foreign citizen and an Indonesian citizen. Whether the groom is an Indonesian citizen and the bride is a foreign citizen and vice versa, both are defined as a mixed marriage. As mentioned above, a marriage or post-marriage, which provides for the separation of wealth, is important for mixed couples. It is due to the Land Law No. 5 of 1960 (“Indonesian Agricultural Law”).

“Before the marriage, both parties (married) can enter into a written agreement validated by a registrar, which can then also apply to a third party if a third party is involved.” The post-marital contract is valid from the moment the contract is signed….

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