Announcement

Collapse
No announcement yet.

Prenup when getting married abroad

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Prenup when getting married abroad

    Hello,

    This is my first post as I've just stumbled upon this lovely forum. I'm getting married soon and finding the red tape overwhelming. Here is my situation. My fiancé and I are currently living in Los Angeles, California USA. We are scheduled to be married on July 15th. We are planning on moving to Jakarta next February. I have a ton of questions, but I'll stick to one specific issue here. I realize we need a prenup to own property in Indonesia. My fiancé already owns a house in Jakarta so the prenup is absolutely necessary. The first part of my question is can we draft a prenup here and take it to the Indonesian consulate and have it recognized in Indonesia? My research says this is possible, but I'm hoping to hear from someone that has gone through this. The second part of this equation is if the Indonesian consulate will be able to process our marriage certificate and prenup with my then wife's green card and passport and not a KTP (she doesn't have this and obviously can't get a new one without being in Indonesia). Any info is greatly appreciated.

    Thanks!

  • #2
    Originally posted by mrmoemoe View Post
    (1) I realize we need a prenup to own property in Indonesia.

    (2) My fiancé already owns a house in Jakarta so the prenup is absolutely necessary.

    (3) ... can we draft a prenup here and take it to the Indonesian consulate and have it recognized in Indonesia?

    (4) ... is if the Indonesian consulate will be able to process our marriage certificate and prenup with my then wife's green card and passport and not a KTP ...


    (1) A prenup/separated properties allows the Indonesian spouse to buy property (in his/her name) during the marriage (note that even if the foreigner pays for it , the property is legally owned only by the Indonesian spouse) .

    (2) The prenup is not necessary/has no influence for/in properties bought before the marriage or properties inherited/which will be inherited .

    (3) I don't know .

    (4) I guess that a passport can substitute a KTP if the Indonesian is residing outside of Indonesia .


    http://www.expat.or.id/info/prenuptialagreement.html (more about prenup - note : the sample presented may not be the separated wealth/properties)

    http://www.expat.or.id/info/gettingm...indonesia.html
    http://www.expat.or.id/info/mixmarriages.html
    http://www.expat.or.id/info/familylaw.html
    http://www.expat.or.id/info/marriage...lications.html
    Last edited by marcus; 27-05-16, 13:12.

    Comment


    • #3
      Originally posted by marcus View Post
      (1) A prenup/separated properties allows the Indonesian spouse to buy property (in his/her name) during the marriage (note that even if the foreigner pays for it , the property is legally owned only by the Indonesian spouse) .

      (2) The prenup is not necessary/has no influence for/in properties bought before the marriage or properties inherited/which will be inherited .

      (3) I don't know .

      (4) I guess that a passport can substitute a KTP if the Indonesian is residing outside of Indonesia .


      http://www.expat.or.id/info/prenuptialagreement.html (more about prenup - note : the sample presented may not be the separated wealth/properties)

      http://www.expat.or.id/info/gettingm...indonesia.html
      http://www.expat.or.id/info/mixmarriages.html
      http://www.expat.or.id/info/familylaw.html
      http://www.expat.or.id/info/marriage...lications.html
      Great. thanks for the links. So the house she owns already can not be affected by this law. That's good to know. We've been talking to different lawyers in Indonesia and getting a lot of conflicting info from them and wildly varying prices. It's hard to know who to trust :/

      Comment


      • #4
        Even if you're technically correct in you're process, what you're doing is unusual and will therefore probably cause problems for you down line. For example, an officer at a government office may not have seen a Pre-nup created outside of Indonesia and will automatically assume it isn't valid, even if it is.

        Here's a couple of points that you may not know yet:
        • You use a Notaris for a Pre-nup, not a Lawyer.
        • All contracts must be written in Indonesian to be valid in Indonesia.
        • A Pre-nup is not called a Pre-nup in Indonesia, it's called a "Perjanjian Harta Perkawinan - Pisah Harta" (or something similar).
        • You'll still need to register(mendaftar) the Pre-nup at a court house (Pengadilan Negeri) after it has been notarised. We had to register it in the same regency(kabupaten) in which we got married but I don't know where you'd register it for an overseas marriage. A Notaris "should" know. (Note the sceptical quotation marks.)
        • Prices vary wildly, mainly because they think they can milk a foreigner for more than a local. Any more than 2 million is a rip-off in my opinion. They'll just be using a template and inserting your names.


        If I was you, I'd get an Indonesian Notaris to write up the Pre-nup, send it to you to be signed and witnessed in America, and then send it back for them to register at the court house. Don't take their word for it, you should receive a document that confirms that the Pre-nup is registered.

        If possible, get them to send you the Pre-nup in a text/word file so that you can copy and paste it into Google Translate. Ours still had details from the previous person who'd made a Pre-nup with them. Also, our Notaris' template had a few morality/alimony clauses that were fine with me, but not really related to the purpose of getting a pre-nup in the first place. It's best to translate it into English first, so that you know what you're signing.

        Good luck!

        Comment


        • #5
          Originally posted by mrmoemoe View Post
          (a) So the house she owns already can not be affected by this law.

          (b) We've been talking to different lawyers in Indonesia and getting a lot of conflicting info from them and wildly varying prices. It's hard to know who to trust :/

          (a) Cannot be affected by the prenup (not the law) . This because the Indonesian Marriage Law states that wealth owned before the marriage will continue to be separated wealth during the marriage .

          (b) You can tell us the lawyers position for us to discuss .

          Be informed that the prenup must be issued by an Indonesian notary . Notaries in Indonesia already have a standard prenup that they just fill the personal data of the couple and can be as cheap as Rp500'000 (price I found in 2010) , without Court registration , which is not mandatory , according to our most trusted Forum member (Atlantis) . Anything different from the standard version will cost a lot more . A sworn translator (Indonesian to English) charges around Rp80'000 per page .

          http://www.livinginindonesiaforum.or...ghlight=prenup (Atlantis' post no.24 , about prenup's court register)

          http://www.livinginindonesiaforum.or...-prenup/page10 (Hak Milik > Hak Pakai , a way to have a house document in the foreigner's name - an alternative to the prenup for mixed couple)

          Comment

          Working...
          X