Any way to get a prenup if not in Indonesia?

[Davita]

I don't want to hijack the OP......but if notaries can provide pre-nups without even interviewing the couple and translate a simple "All property in Indonesia to be owned by the WNI spouse" and be willing, probably for a fee, predate to prior before the wedding and sign. Could that be considered legal as it doesn't need to be registered anywhere, where another official would need to verify?

Just a thought...as many other actions seem to be done in RI to circumvent laws.

[james]

If the notary pre-dates the document it is illegal. However, there may be no evidence to prove it is illegal and probably no one would even object to it as illegal ...


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I have a question, how does the Indonesian notaris notarize the document if you are overseas. Isn't he supposed to witness you signing?



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As for trusting an Indonesian notaris, I wouldn't. I contacted 2 or 3 before we found one that would do it at a reasonable price (he quoted 300k) and then I emailed him what I wanted it to say. When we showed up at his office, he gave us the standard form pre-nup, which is exactly what we didn't want because it wouldn't work for our situation. I again gave him exactly what we wanted (written in English and with a translation); when we came back a few days later it was wrong again. He had added a bunch of crap from the standard form we didn't want, so I told him again what I wanted and we watched him make the changes, which he did although grumbling the whole time. It was finally done and signed and then he asked us for 1.5M because we made him change it so many times. I explained to him that had he done it right the first time it would have taken him less time than even typing up the standard form, since ours was very short. At any rate, he lost all hope of any future business from us due to his incompetence and last minute attempt to up his fees.

[princesultan]

i really have no option to do it but from overseas. i have no ideas about the witnesses. this is just what this notary has offered to do (and it seems like a relatively professional one as well, it's even been mentioned on this site a few times).

anyway, they're trying to rip me off, they went down in price but just barely, so i'll have to think of something else.

to confirm... the prenup does not need to be filed anywhere? it just needs to be filled out by the notary and that's it??? and then my wife (she's indonesian) will be able to buy property in her name and it won't cause any issues? or is there something else that must be done with the prenup before buying property?

[redsnapr]

Why don't you do the prenup AFTER arriving in Indonesia, just BEFORE going to Catatan Sipil to register your marriage in Canada?

[princesultan]

@redsnapr

is that possible??? i read that you need to do a prenup BEFORE you are legally married. getting a prenup in indonesia AFTER our legal marriage in canada i think would be useless, even if we register at the catatan sipil after we get the prenup.

can someone confirm?

[bad_azz]

@prince, that is the whole point of it being a "pre" nup... pre marriage, so yes you are correct.
I guess it would be theoretically possible to get one done after the event - after all most services in Indonesia are for sale- but imagine the stress and the cost of finding someone to do it... etc etc etc...
As for registering it - to the best of my knowledge if a notaris has produced and signed and stamped it then it is already a legal document.

[redsnapr]

Consular offices provide notary services to their nationals abroad. Ask the Indonesian consular office in Quebec to make and "consularize" the prenup. You have to register with them the marriage in Canada before you return to Indonesia anyway.

You may also ask the consular office if they would accept to consularize your Canadian marriage certificate together with a Canadian prenup done by a Canadian notary.

http://www.expat.or.id/info/gettingm...indonesia.html


Getting Married Abroad

A foreign marriage certificate will be recognized by the Indonesian government (for the purposes of Indonesian paperwork) if you take your foreign marriage certificate to the Indonesian consular office and have an Indonesian translation of the foreign marriage certificate "consularized" by the Indonesian consular office for the area which you live. The consularization process means that the verify the validity of the document and stamp the back of the document and sign it and use an official stampl. The Consular office can usually help you to translate your marriage certificate, for a fee. If you're not sure which consulate you should do the paperwork through, contact the Consular office of the Indonesian Embassy in your capital city, tell them which city/state/province you live in and they will tell you which consular office to go to for your paperwork.
In a few cases (usually due to differing religions) the foreign spouse may be asked to convert or the couple must remarry, but in most cases a consularized translation of the marriage certificate is adequate. Especially in cases where the couple already have children and have been married for some time, there are fewer questions about the legality of their marriage.
Indonesian government marriage law of 1974 stipulated that you must register your marriage with the Civil Registry (Kantor Catatan Sipil) within one year after you return to Indonesia (Marriage Law). However in December of 2006, a new bill passed called Undang undang 23 tahun 2006 tentang Administrasi Kependudukan, in which new regulations are now in affect. The prevailing law is now the Law of Administration of the Population (2006) and not the Marriage law (1974):Indonesian citizens who have married abroad (outside Indonesia) are obligated to register with an appropriate Indonesian government consular office (consulate or embassy) in the country where the marriage took place, in order to report this marriage officially to the Indonesian government.
A report must also be made to the appropriate government authority in your hometown in Indonesia in order to assure that your marriage is legal under Indonesian law. If you are Muslim, you report your overseas marriage to the Kantor Urusan Agama (KUA) in Indonesia, if you are from another religion, you report to the Catatan Sipil in the hometown of the Indonesian spouse. Without reporting in this way, you are not considered married by the Indonesian government! This should be done, at the latest, 30 days after the Indonesian citizen returns to Indonesia. The fine for a late registration is of a maximum of IDR 1.000.000 and is further regulated by regional regulations.

[bad_azz]

As far as I know the pre nup has to be written in Bahasa Indonesia, I read it somewhere here in the forum.

[marcus]

Why don't you do the prenup AFTER arriving in Indonesia, just BEFORE going to Catatan Sipil to register your marriage in Canada?

The Indonesian Marriage Law states that the marriage agreement must be done at the time or before the marriage .

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Undang-undang Republik Indonesia
Nomor 1 Tahun 1974
Tentang Perkawinan

BAB V
PERJANJIAN PERKAWINAN
Pasal 29
(1) Pada waktu atau sebelum perkawinan dilangsungkan kedua belah pihak atas persetujuan bersama dapat mengajukan perjanjian tertilis yang disahkan oleh pegawai pencatat perkawinan, setelah mana isinya berlaku juga terhadap pihak ketiga tersangkut.

[(1) At the time or before the marriage , the couple may decide for an agreement , ...]

[princesultan]

can anyone else confirm whether it's possible to get a prenup done outside of indonesia? i heard that for it to be valid in indonesia, it must be written in indonesia.