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  • prenup rule abolished

    Hi There,

    I'm an Indonesian living in the US and looking forward to marrying my non-Indonesian fiance.

    I read that Constitutional Court eliminated the requirement for a prenuptial marriage agreement in Article 29 of the 1974 Marriage Law, which means that Indonesian women who married expat are able to buy property prior the prenup document. However, I'm not quite sure the implementation as court decision usually takes time to be applied.
    So, I wonder if this new decision is applicable yet at this point? Does anybody pay close attention to this? Also, I wonder if anybody has experience of making prenup in the States and then legalize it in Indonesia. How would you rate the complicatedness and what is the best way would you recommend to do this?

    I'm really sorry if this issue has been raised in other thread in this forum before, if this is the case, would you please redirect me to the other thread?

    Thank you!

    PS. Read the JakPost article here:
    http://www.thejakartapost.com/news/2...abolished.html

  • #2
    Originally posted by matahari View Post
    (1) ... I read that Constitutional Court eliminated the requirement for a prenuptial marriage agreement in ... Marriage Law, which means that Indonesian women who married expat are able to buy property prior the prenup document.

    (2) However, I'm not quite sure the implementation as court decision usually takes time to be applied. So, I wonder if this new decision is applicable yet at this point? ..

    (3) Also, I wonder if anybody has experience of making prenup in the States and then legalize it in Indonesia.
    (3.1) How would you rate the complicatedness and what is the best way would you recommend to do this? ...

    (1) In my view it is not exactly that . First , the prenup was not a requirement (it was optional) . Second , I suppose the prenup still exists (as an option) even after the Constitutional Court decision . Third , now a postnup is also possible (and also optional) . So the Indonesian spouse (married with a foreigner) has 2 options (prenup and postnup) to separate assets or properties to allow her/him to buy Indonesian land .

    http://www.livinginindonesiaforum.or...ial-agreements

    (2) I am not sure but I guess it is already applicable .

    (3) I don't have any experience , but I suppose you don't legalize it in Indonesia , but instead , at an Indonesian Embassy in the country where you make the prenup .

    (3.1) in around 10 years in this Forum , I never heard of anybody who did this . Usually people did a prenup in Indonesia . I would prefer to do a postnup in Indonesia before buying any Indonesian land/property .

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    • #3
      I wanna know about your topic more..can you explain to me?

      Comment


      • #4
        In few words , there are 2 Indonesian Laws involved . One , the Marriage Law , states that anything owned after the marriage belongs equally to husband and wife (except gifts and inheritances) . Then it also states that this situation can be changed by a prenup .
        The second Law (Land Law) states that only Indonesian can own Hak Milik/Full Right Title Indonesian land(s) .
        As consequence of the above the Indonesian spouse (married with a foreigner) could not buy Indonesian Hak Miik land in his/her name (as it would result in the foreign spouse also owning 50% of it , not allowed by the Land Law) , unless the married couple make a prenup stating that after marriage each spouse can own properties separated (100% to one or to the other) .

        Now , the Indonesian Constitutional Court stated that this separation of ownership in a marriage doesn't need necessarily be made before the marriage , but also anytime after the marriage .
        More information in the links below .

        http://www.expat.or.id/info/prenuptialagreement.html

        http://www.livinginindonesiaforum.or...ial-agreements

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        • #5
          Thanks for your information

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          • #6
            Hi Marcus,

            Thanks for your respond, so helpful!

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            • #7
              a notary from the province i live told my indonesian wife no provincial court will accept a postnup and we should fly to jakarta to get an approval from cenrtal jakarta court. he told her it would cost her around 50 juta to hire a lawyer in jakarta and another 35 juta for the service he is going to provide us. he told us he can fly with us to jakarta and asked us to take care of his accommodation cost in jakarta. he was saying foreigners belongs to cental jakarta court and we should submit the postnup in jakarta because we are a mixed married couple. can someone advice me about this ? we live in a different province and i think its kind of hard for us to visit Jakarta just to make 1 document. im planning to advice my wife not to buy any property here if the process is too complicated. we are tried of dealing with too many paper work in the past. she lost her right to buy a property just because she married me. i kind of feel sad about this. she cant even buy a house to live without a prenup and its too late to make one. more than money we are worried about the work involved here. i still cant believe we should visit jakarta to do this. is this really true ? can someone confirm this ?

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              • #8
                Originally posted by userchap View Post
                a notary from the province i live told my indonesian wife no provincial court will accept a postnup ... can someone confirm this ?

                Interested people , please go to this other thread : http://www.livinginindonesiaforum.or...ostnup-process

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