Postnuptial Agreement Indonesia

– If you have your own accreditation, it means that you have not contacted a notary. Then you can visit a notary to get the agreement approved. Before going to the notary, you can still review the letter and make sure that all the wishes of both parties (husband and wife) have been mentioned in the agreement. The phrase “in the period or before marriage” is in section 29, point 1), the phrase “Since the marriage takes place in section 29, point 3, and that the phrase “during marriage” in section 29, point 4 of Act 1/1974 limits the freedom of two persons or the date of execution of an “agreement,” it is therefore contrary to Article 28E, point 2, of the 1945 Constitution, as the petitioner asserts. Thus, the phrase “at or before marriage” in section 29, point 1, and the phrase “as long as marriage continues” in section 29, point 4 of Act 1/1974, are contrary to the Civil Code of 1945, unless it is construed as being during the marriage. On 19 May 2017, the Director General of Citizenship and Civil Registers, Professor Zudan Arief Fakrulloh, published a letter outlining the terms of registration of marriage contracts (pre-requests and applications) with Indonesian civil registry offices. “Before marriage, both parties (married and married) can enter into a written agreement, which is confirmed by a marriage register, which can then apply to a third party if it is a third party involved.” To protect the property of the bride/married (and land) before, during and after the marriage, as this is in fact the main expectation of the establishment of the conjugal agreement. Everyone should never imagine meeting a materialistic woman or a materialistic man, the “gold digger”, who uses a marriage only for money or property. With marital agreements, you can also be protected by law against any of these gold seekers. Couples – For Indonesian citizens married to foreigners, here are the things you should know about post-uptial arrangements for mixed marriage in Indonesia.

Today, a marriage agreement is no longer considered a taboo, although marriages with common characteristics are still common in Indonesia. Marriage contracts are defined by Law 1/1974 on Marriage and by the Dutch Civil Code (Burgerlijk Wetboek), also known as the “Marriage Act”. Indonesia`s 1974 Marriage Act recognizes only marital agreements, short for “Prenup”), a written contract entered into by two people prior to marriage. The law enacted in 1974 provides only for the conjugal agreement to be drawn up before marriage. Indeed, the law on the validity and application of post-post-marriage agreements in Indonesia is not well developed. But if we dig a little deeper, the Indonesian civil code provides for special provisions on the division of property during marriage. The Postnup is a product of our old Civil Code. He`s been here for decades. So some couples have used it all the time. It`s just the Postnup isn`t as popular as its other brother, the Prenup.

As far as my personal opinion is concerned, post-nup is like a wine. It is kept in the dark until they ripen until one wants to dine. Referring to the above, it appears that Indonesian law provides only for a premarital agreement or a marriage contract concluded before marriage. However, under Resolution 69/PUU-XIII/2015 of the Indonesian Constitutional Court of 2015 (“MK-Resolution 69/2015”), Article 29, paragraph 1 of Indonesian marriage law had somewhat pinched. As a result, the post-marriage agreement or marriage agreement reached after the marriage is legally known in Indonesia since MK Resolution 69/2015.