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  • Prenuptial Agreement

    Hi All,

    i have been following the forum and have read several comments about how foreigners need to have a prenup in order to marry a local indonesian.

    i'm a female foreigner marrying an Indonesian guy hence, it seems i need to do a prenuptial agreement which is something i'm not too comfortable with however, it seems that I need one.
    Me and my partner are actually of similar financial status however, i feel like by signing a prenuptial agreement I am forfeiting some of my rights if the worst scenario event happens.

    I would like to know whether it is possible to tailor made my prenuptial agreement in a way that protects me as per normal marriage law in the event of seperation eg. asset seperation 50% 50%, or perhaps alimony or child custody. Not sure how possible is this when there's a prenup concerning property on the line. As i'm unsure about the future that I may have to give up my career or prioritize family & kids over my career hence, i would like to at least be protected as per the normal marriage law eg. the same as local marrying another local. I heard that Indonesian law does not really protect foreigner spouse in the event like this.

    Would highly appreciate anyone's experience on this. Thank you!

  • #2
    Originally posted by infoseeker View Post
    (1) ...have read several comments about how foreigners need to have a prenup in order to marry a local indonesian...it seems that I need one...

    (2) I would like to know whether it is possible to tailor made my prenuptial agreement in a way that protects me as per normal marriage law in the event of seperation eg. asset seperation 50% 50%, or perhaps alimony or child custody...

    (3) i would like to at least be protected as per the normal marriage law eg. the same as local marrying another local.

    (4) I heard that Indonesian law does not really protect foreigner spouse in the event like this.

    (1) It is optional .

    A prenup / wealth separation is important to allow the Indonesian spouse to own full ownership rights of Indonesian land/house/apartment (which is not allowed to foreigners) and maybe for the Indonesian spouse to open an Indonesian small/medium business (also not allowed to foreigners) .

    (2) Yes , it is possible to tailor-made it , as far as it does not contradict Indonesian Laws .

    (3) The Indonesian Marriage Law (UU no.1 Tahun 1974) does not differentiate Indonesians from foreigners . Although theoretically the Law looks like fair to both spouses , I guess implementation may be a problem .

    (4) But as everything is possible , we heard of a case where the children's custody was given to the ex-husband (the ex-wife was a foreigner) . See link below .

    ------------------------------------------


    About my experience :
    I divorced once in Indonesia , and noticed that in my Muslim divorce case the Indonesian Court judges only asked about the couple's separation itself , there was neither discussion about separation of assets nor about pension to my ex-wife (although we did not have children in our marriage , she has 2 from her previous marriage) .
    In my ex-wife's divorce case and my present wife's divorce case (both paid by me but I did not participate in anything else) , also nothing was mandated to the ex-husbands about paying their children's living expenses (this subject was not even discussed by everybody involved - husbands were not notified/present in both cases , in the first case we knew his address , but in the second case , we didn't know where he is) .
    Their ex-husbands just left them many many ago (without a divorce) and didn't provide a single cent to the wives to raise their children (2 and 4 children respectively , all minors) . And all this without any complaint from my wife/ex-wife and their parents/brothers/sisters/relatives , making me guess that all this may not be uncommon in Indonesia .


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    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 (about the prenup/separated wealth for buying Indonesian property)

    http://www.livinginindonesiaforum.or...144#post209144 (about prenup)

    http://www.livinginindonesiaforum.or...mixed-marriage (about prenup)

    http://www.expat.or.id/info/childcus...donesia.html? (child custody)

    http://www.livinginindonesiaforum.or...orce..now-what (divorce , children custody)

    https://www.livinginindonesiaforum.o...uslim-marriage (Muslim divorce - children with father , mother was not Indo , post no.14)

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