View Full Version : Does a pre-nup have to be legalized?
Does a notarized pre-nuptial agreement have to be "legalized" (disahkan) by the courts (kehakiman) or any other government body for it to become valid?
Does a notarized pre-nuptial agreement have to be "legalized" (disahkan) by the courts (kehakiman) or any other government body for it to become valid?
oooooh Mauricio, this is sounding serious.. :D
Don't know about Indo but in Aus, for general info, a pre-nup has to be drawn up by a lawyer, all personal assetts of both parties listed in detail and the law re; settlement process's with regards to Divorce explained to the parties before a pre-nup is considerred acceptable by the Courts.
Costs about 2 grand..
I imagine a formal process needs to be followed here also, however I believe that the courts in this country would find it unpalatable to order a divorce settlement in favour of a 'farang' and personally if I had a pre-nup in Indonesia I would make it as water tight as I possibly could.
Keeping in mind that according to Indonesian law i) a foreigner cannot own land, and ii.) property in a marriage is held jointly, a principal purpose in a pre-nup between an Indonesian/foreigner couple is to allow the Indonesian to own land.
Mauricio,
If you want a complete answer to your question on the path to follow for the prenup agreement, one need to know:
- where the marriage will take place (Indonesia vs overseas)?
- under what faith will you marry ?:);)
burungkecil
05-04-09, 13:56
It depends whether you are marrying via the state registry office (kantor catatan sipil) or religion department (KUA, Kantor Urusan Agama).
Sources on the Internet say that the prenup has to be registered with the Kantor Catatan Sipil or KUA, but I have also read in a couple of places that it also has to be registered with the court to be regarded as legal. So, for example, if you are marrying through the KUA, the prenup would also need to be registered with the pengadilan agama (religious court). Another site said that it only gets referred to the religious court if a problem crops up. So, who knows what the truth is. Well worth asking whoever draws up your prenup and then double check with the relevant authority (catatan sipil or KUA)
I also heard that your marriage certificate should indicate that there is a prenup, and you may have to read out the agreement at your wedding!
But like I said, information varies.
You were asking earlier about prices. A friend of mine in Jakarta recently paid Rp 1 Million for his prenup
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