Mixed Marriage in Indonesia: The Importance of Prenuptial Agreement

While people get married based on the fundamental of love, marriage goes beyond that and is a big milestone. Of course, nobody wants to get married and expects to get a divorce later. But, we cannot ignore the possibility of a split if your marriage doesn’t work out. The issue can be more complex in the case of divorce of a mixed marriage, especially in Indonesia. This is when prenuptial agreement in Indonesia comes into play.

It has becoming increasingly common for couples to have prenuptial agreements in Indonesia. Many foreigners realise that a prenuptial agreement may be one of the best ways to protect their financials, custody of their children and of course the assets and shares of their companies, if things unfortunately go south.

This article elaborates the importance of a prenuptial agreement for mixed marriage in Indonesia, as well as the process to get one.

Why Prenuptial Agreement for Mixed Marriage in Indonesia is Important

A prenuptial agreement in Indonesia is a written contract that is agreed and signed by a couple before their marriage. The content of the contract varies in many degrees but it is often associated with the division of properties and assets in the event of divorce or death of the spouse.

The importance of a prenuptial agreement cannot be emphasised enough. Here are some of the reasons for foreigners to consider a prenuptial agreement in Indonesia:

• Confirming financial rights and responsibilities
• Preventing post-divorce conflicts and arguments
• Protecting yourself from your spouse’s debts
• Dividing assets clearly among family members, such as spouse and children
• Protecting your property in Indonesia

How to Obtain a Prenuptial Agreement

There are several critical steps a couple must go through to create a prenuptial agreement in Indonesia:

1. Making a list of all the assets and properties owned
2. Preparing ownership documents and proofs of properties
3. Ensuring that all documents are valid (such as the foreigner’s KITAS and other legal documents)
4. Discussing who will be responsible for child support
5. Hiring a specialist to draft a prenup with the right format in both Indonesian and English
6. Discussing the prenup content together with a legal advisor or lawyer and reach a consensus
7. Drafting the prenuptial agreement with a reliable legal consultant.
8. Recording the prenuptial agreement formally at the local Civic Registrar or Office of Religious Affairs.
9. Making sure your prenuptial agreement in Indonesia is acknowledged under the Indonesian law, especially Regulation 24/2009 regarding legal documents.
10. Giving power of attorney to the spouse and legalising the power of attorney.

Factors to Consider Before Signing a Prenuptial Agreement

Under the Indonesian law, there is no specific framework for a prenuptial agreement in the country. Therefore, an Indonesian prenuptial agreement must be made to address a couple’s needs and ensure the safety of their joint property.

There are some critical factors to consider before signing a prenuptial agreement:

• Finding an Indonesian property or asset holder such as the foreigner’s child/children
• Considering the future income of your partner
• Focusing and emphasising on property separation of a joint property
• Avoiding backdated prenup, which is illegal through unreliable legal services
• Finding a trustworthy legal consultant and service to make a prenuptial agreement that is in accordance with the Indonesian law

Why You Need Legal Advice for Your Prenuptial Agreement in Indonesia

The rules for prenuptial agreements in Indonesia may vary depending on your location of marriage in Indonesia. If you are not familiar with the regulations or have not got yourself updated with the latest changes (prenuptial agreement law is relatively new in Indonesia), you should definitely seek legal advice.

Cekindo has a team of legal advisors and experts that can assist you with drafting your prenuptial agreement. We can also assist with your spouse visa (spouse-sponsored KITAS) application.

Get in touch with us today by filling in the form below or visit our offices in Jakarta, Bali and Semarang.