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  • #1

    Questions about prenup for mixed marriage

    Dear expat experts,

    I (European guy) am in preparation with my Indonesian fiancee to get married in Bogor and we are struggeling with the prenup, which is important for us since we want to buy a house. I am a bit confused about the sample prenup on expat.or.id and my fiancee also thinks it is not comprehensive enough for property ownership in a mixed marriage. Could anyone clarify what really needs to be included about property ownership or share an appropriate prenup sample?

    I would also be really thankful about contact details for a notary who has experience with mixed marriages, ideally in Bogor or Depok.

    Many thanks in advance for any advice!
    Tags: None
  • #2
    Originally posted by happybunny View Post
    I am a bit confused about the sample prenup on expat.or.id and my fiancee also thinks it is not comprehensive enough for property ownership in a mixed marriage.
    May I ask you to provide me a link to this sample prenup, I'd like to check it. I'll give you my opinion about it.

    Comment

    • #3
      Atlantis, I think happybunny was referring to this one http://www.expat.or.id/info/prenuptialagreement.html

      I agree with you happybunny, if the purpose of making a prenuptial agreement is so your wife can own a property then this sample is not suitable for you. It has to clearly state that property which is acquired by your wife during the marriage will not become shared/joint property and is under the authority of your wife. But I also believe that a prenuptial agreement has to be tailored to the needs of each couple.

      I'm sure Atlantis will explain it to you.
      Last edited by wm; 15-06-15, 09:59. Reason: URL updated
      [COLOR="navy"]Leave the gun, take the cannoli[/COLOR] - The Godfather

      Comment

      • #4
        Somebody else had a similar question , see the thread below and others related :

        Sample Prenup says Joint Property! - Living In Indonesia Expat Forum
        http://www.livinginindonesiaforum.org/showthread.php/10828-Sample-Prenup-says-Joint-Property
        A forum for expats married to Indonesians to ask questions and share helpful advice.


        http://www.livinginindonesiaforum.org/showthread.php/13634-standard-prenup-vs-modified-prenup-HELP!?highlight=notary (ref.notary in Jkt)
        http://www.livinginindonesiaforum.or...nuptial+prenup ( Atlantis , post no.24 , court register )
        Last edited by marcus; 22-04-11, 11:14.

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        • #5
          marcus, many thanks for sharing these links!

          I was indeed refereing to the prenup that nickie quoted, I am glad to know now that it is not suitable as sample for my case.

          I am not looking to just copy-paste some prenup, just want to make really sure the property situation is correctly settled, which I have now.

          Also found the 2 notaries recommended by atlantis, I will ask my fiancee to get in touch with them.

          Seems like my questions got perfectly answered, looking forward to post here about my experience after the marriage :-)

          Comment

          • #6
            Your prenup has to state clearly that assets are separate properties of each owner and that joint property is not the rule of the marriage. Your prenup can/should also fix conditions on how to share property in the event of the terminaison of the marriage. It would allow you a bit* of protection in case things turn sour.


            * don't expect too much though, in case of a divorce judges side with the one who knows better the system (read: pay the most).
            Last edited by wm; 15-06-15, 10:00.

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            • #7
              Originally posted by happybunny View Post
              Also found the 2 notaries recommended by atlantis, I will ask my fiancee to get in touch with them.
              To clarify: I do NOT recommend them. I've just written that they exist and that they charge less than a million for a prenup. I've read none of the prenup they are proposing and can not comment on them.

              Comment

              • #8
                Atlantis, merci beaucoup for always being so helpful to us unexperienced bules. Good idea to do something about the prenup sample, it is really misleading.

                We will check the 2 notaries out and i will post back about their experience level on mixed marriage matters

                Comment

                • #9
                  Originally posted by atlantis View Post
                  After reviewing the link, I confirm: Do NOT follow this sample, it is exactly the opposite of what should be done and written. I've contacted the admin of expat.or.id to advise her to remove this page which is prone to lead readers to a wrong sample of prenup.
                  Your prenup has to state clearly that assets are separate properties of each owner and that joint property is not the rule of the marriage. Your prenup can/should also fix conditions on how to share property in the event of the terminaison of the marriage. It would allow you a bit* of protection in case things turn sour.


                  * don't expect too much though, in case of a divorce judges side with the one who knows better the system (read: pay the most).
                  A perfect example of why either a wiki or a full update of the site is needed ...

                  Addit ...
                  Though my concern about a wiki would be that it too would also be open to either manipulation and abuse, how would/could it be supervised to ensure it's accuracy?
                  Last edited by ohmdafyd; 22-04-11, 19:09.
                  IknowthatyoubelieveyouunderstandwhatyouthinkIsaid, butI'mnotsureyourealisethatwhatyouheardisnotwhatI meant.

                  Comment

                  • #10
                    so far a first result, the notaris:

                    H. Harjono Moekiran, SH.

                    is definately not reachable at the email address [COLOR=#417394][email protected][/COLOR]

                    emails are bouncing back as undeliverable...

                    I would be really thankful if anyone could recommend a notary from personal experience that is competent with mixed marriage prenups...

                    Comment

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