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  • Double Prenup?

    Dears,

    Finally I got my plane ticket to Jakarta. So I'm really wondering now about all the law and document matters...
    It's already clear that we would do a prenup. However in the expat website there is a paragraph named "Choice of law". Does it say that to be married in Indonesia we absolutely need to choose Indonesian law as the one ruling our marriage?
    If we decide to move to Europe then, we will still be ruler by Indonesian law for our wedding right? At the beginning I thought I could do one prenup for the properties in Indo and on for the properties in France. But what about kids and family rights? I'm very confused about it! Plus I guess that there should be some points where Indonesian and France diverges. So I guess it can't be possible to make two contract.
    Anyone got some clues about this?
    Plus if we marry under Indonesian law, do you what would be the big differences with europeen law (or French?) I mean, are there some points on which Indonesian law is different from European one? About wife/husband position inside family? Or anything like this?
    Thanks for the information you could give us!
    Regards,

  • #2
    For Indonesia you can choose other law as ruling law but only if the foreign law does not contravene the Indonesian law.
    For contractual obligations Indonesian Civil Code is actually colonial Dutch Civil Code, which is based on Napoleon`s Code Civil, so it 95% same as other French or Europeans civil codes.
    You can make one contract valid for Indonesia and other for the rest of the world.
    Family law is different. Most of the countries require to register your marriage abroad, so you probably should have to register your Indo marriage in France so the marriage is valid in your country of origin as well.
    If you both reside in France French Law will be applied, because your marriage would be legal there if it is reported.
    Divorce and child custody probably can be done also in France in case that you both reside there for some amount of years, but this varies from country to country

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    • #3
      Originally posted by Vinchenza View Post
      (1)... in the expat website there is a paragraph named "Choice of law". Does it say that to be married in Indonesia we absolutely need to choose Indonesian law as the one ruling our marriage? If we decide to move to Europe then, we will still be ruler by Indonesian law for our wedding right?

      (2) At the beginning I thought I could do one prenup for the properties in Indo and on for the properties in France. But what about kids and family rights? I'm very confused about it! Plus I guess that there should be some points where Indonesian and France diverges. So I guess it can't be possible to make two contract...

      (3) Plus if we marry under Indonesian law, do you what would be the big differences with europeen law (or French?) I mean, are there some points on which Indonesian law is different from European one? About wife/husband position inside family? Or anything like this? ...

      (1) I think I didn't read that paragraph , so I don't know .

      In my view , when you live in Indonesia , you have to follow the Indonesian Marriage Law . When you live in France , the French Marriage Law .

      (2) You can include agreement about kids , family , ... , in the prenup . The Indonesian Marriage Law states that the Indonesian prenup cannot contradict the Indonesian Laws/Regulations . I suppose the French prenup also cannot contradict the French Laws/Regulations .

      (3) I know a little about the Indonesian Marriage Law but nothing about the French Laws , so I don't know . Comparing to my country's Laws , there are few differences , so I guess you should expect few differences in relation to French Laws too .

      For the Indonesian Marriage Law , search the internet for : UU no.1 , Tahun 1974 , Tentang Perkawinan . I suppose the "Indonesian Civil Code" may be also relevant (I found the English version in the internet) .

      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
      http://www.expat.or.id/info/prenuptialagreement.html
      Note : Few weeks ago the Indonesian Constitutional Court decided that a post-nuptial agreement is also valid

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

      http://www.livinginindonesiaforum.or...3524#post63524 (standart prenup is cheaper)

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      • #4
        Hi,

        Thanks for your both answers. As suggested by Marcus I looked the Indonesian Marriage Law, and yes there isn't too much differences with French law. Or at lest nothing that shocked me. So I guess we will look for a notary as soon as I arrive in Jakarta. The key of this is probably the fact that registering the marriage in France would make my marriage and family ruled by French law if I move back there.
        One worry less, thanks!

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