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Need advice: pre nup + mix marriage in Australia

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  • Malas
    replied
    I heard that Wijaya charge around 8-10 times what you need to pay.

    It should be emphasised that you do not need a lawyer. You need a notaris. Wijaya is a law firm. You do not need a law firm for this. You need a notaris only.

    I paid 2.5jt in Jakarta, including registration. I could have perhaps got it a bit cheaper, but I was in a hurry.

    Also, any document done in Australia is completely irrelevant and will not be valid in Indonesia.

    Leave a comment:


  • bad_azz
    replied
    As I said before - you already seem to know all the answers.

    I do not see anyone here saying that your papers will be legitimate in Indonesia if they are not signed here in Indonesia in front of a notaris.
    Quite the opposite... you have already said you want it all to be legitimate...

    You are ignoring or not heeding the advice given therefore , I am now bowing out of this discussion.

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  • jnicek
    replied
    We both decided to keep doing as we planned. He's bit takin easy about it...not that sure about the result but confident enough to not coming here for the signing. But i keep digging up info in the internet world. So far i can conclude, we may have an attested pre nup at the least, as Indonesia is not in the list of Hague Convention member. We just need to know the detail process and required documents for it.

    Finger crossed.

    It seems no one in this forum ever used wijaya co. If there is any, i'd like to be allowed to have a peek at the draft for a minute, need to check on something.
    Please please please

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  • bad_azz
    replied
    Save your money - fly him over here get it done properly, all the faffing around will mean nothing if he doesn't have a witnessed signature.

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  • jnicek
    replied
    Yes, he is in Australia. We haven't asked the notary in Australia yet. We should have done that. Thanks bad_ass for reminding us.
    Will post to this forum for the progress later.

    Leave a comment:


  • bad_azz
    replied
    You have already made 2 pre-nups/drafts, I am guessing your bf is in Australia- all I will say is I doubt they are legal here if he is not present to sign in front of the notaris... if your legal advisors in Australia know better then listen to them- I'm sure you are paying enough for their services.
    I shall be interested to hear/ see what the outcome is.

    Leave a comment:


  • jnicek
    replied
    I hope so. But i wouldn't ask the questions.. *.*

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  • bad_azz
    replied
    You already seem to know all the answers...

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  • jnicek
    replied
    Yes.. i'm hoping i'm shopping around the right stuff from the right person.
    I paid 350rb for a standard prenup from a notary who has no experience with mixed marriage. My bf is not satisfied and asked me to get another draft from someone more experience. So, i paid for 1.5jt today. Will get it next week. Hope it's worth it.
    If there is anyone here willing to share their pre nup draft so we can have some ideas, that would be great.

    The big problem is that, we are going to do the pre nup and marriage in Australia. I'm afraid the pre nup signed in Australia will be hard to be accepted by the court and civil registry office here. As in Wijaya co's page says, the draft needs to mention using indonesian language as the primary language, and the indonesian law is the law that we will obey... i'm not sure there will be any Australian notary ok with that... or will they? *.*
    Another thing... if we do sign that kind of pre nup... will it means, the pre nup won't be valid for separate wealth of assets in Australia?

    Leave a comment:


  • bad_azz
    replied
    Jnicek... Shop around and get better advice - not from someone who wants to take all your money.

    The prenup is done in about half a day. I found a few notaris who quoted anything between 3 hours to 3 weeks maybe even a month. Decide for yourself what you want to do.

    And as far as I am aware you both have to be present to sign it.

    Leave a comment:


  • jnicek
    replied
    I should probably take it slower *_*
    But i can't... my flight to Australia is in 8days~!

    I am pretty sure, Australian lawyer doesn't know tiny bit of Indonesian law. So i should stay focus on doing according to the rule and getting the right pre nup that will be valid in Indonesia.

    Some Indonesian officers may skip some rules.. but when u meet the officer who are using the right rules... you will fall hard on ur bum.
    I am an Indonesian myself, i live most of my life here.. i know them. Once or few times you could do things not according to law and passed it successfully without hassless... but the next time you meet another officer (or even the same officer but she/he just changed mood).. and you're required to do according to the rules... then you will have to do it start over again. I find myself very annoyed last year when i renewed my ID card.. i had to meet pak RT and pak RW 2times.. kelurahan 3times..got my ID card issued with wrong kelurahan name 3times... then had to make new KK, just becoz they don't know what is my RT number after the expansion area for RW..

    So, for this pre nup thing... i need to know and sure about doing it right. We don't want to file a divorce then, do the prenup and then re marry again. Beside, the notary i just met today (the 2nd notary i've asked for making us the draft) said, we are not allowed to marry to the same person twice. And in Australia, the court need proof that the husband and wife have separation at least 12months.

    Btw, this notary, also not sure if the pre nup we will sign in Australia will be accepted by the court in Indonesia. It's funny, why the marriage certificate issued abroad can be accepted easily in civil court, but not the pre nup?
    She's not sure, but i still asked her to draw our pre nup. She seems more professional than the first one i met. And more expensive, 1.5jt for the draft. *doh*

    Leave a comment:


  • bad_azz
    replied
    I took most of my advice from posts by Marcus and Atlantis in these matters so I have trusted them to be fairly spot-on. If however the goal posts move then that is just how it is- I cannot change what already has happened- however the notaris dealing with our house/land purchase is young and eager to comply with laws, she saw the pre-nup and said it was fine and that our purchase of the land would be legitimate.

    The notaris we used is in Bandung at the top of Jalan Sarimanah Raya and she is also professional - she charged us 1,2 jt for the basic pre-nup with one notarised copy. Her daughter also works there and she acted as translator.

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  • jstar
    replied
    Correct B_A. There are also people who could not have it registered at the local court. Jnicek is too focused on how it should be, not on how it is.

    You can ask it 100 times but you will get the same answers: Yes, Indonesian notary is mandatory if it's a version for the Indonesian jurisprudence. Yes, the official prenup should be in Bahasa Indonesia (a translated version has no legal validity). Yes, registration is good and preferred but not always possible. Phew *wiping off forehead*

    And: a law firm is not necessary. And for $2000 you should have two return tickets OZ<->RI, perhaps even in 1st class

    Leave a comment:


  • bad_azz
    replied
    Well I can only comment on what happened with us - despite numerous attempts to register it with the Catatan Sipil alongside our marriage certificate ... nobody was even interested in looking at the document.
    They said it was not necessary- so it is not registered.

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  • jnicek
    replied
    Originally posted by bad_azz View Post
    It is advised to register the document but not essential.
    We just had a basic pre-nup made it cost us 1.2 juta, it was done in 3 hours and it was not registered anywhere,
    We are buying land now and the notaris dealing with the land purchase asked to see our pre-nup to check that the purchase was complying with the laws.
    It was perfectly acceptable.
    Do you mean the pre nup? I'm afraid it's not right to not register it at all. Maybe you will be ok to not register it to local court, but you have to submit it with your marriage certificate in the civil registry. Beside, everytime talking to notary, they always implying after being witness when we sign the pre nup, they will have to report it to the local court.

    Leave a comment:

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