Prenuptial Agreement

Sunday, 19 April 2015 03:20 WIB

Prenuptial agreement in Indonesia (so called "Prenup") is legally recognized by the legal system as a contract entered into before the couple performs a marriage. A good Indonesian prenuptial agreement must be drawn-up to meet your specific particular needs. Your Prenup must support you, your spouse, and your marriage life, not the other way around. The Prenup is not only protecting your assets and financial interests, but it will also protecting your family. Your spouse, and your children are the ones you love most. You need to make sure they deserve the best things in life. You need to make sure they are not exposed to potential risks in your career and/or businesses.

The Prenup must also comply with the prevailing laws and legal systems, both in Indonesia, and your home country in the event you are a mixed-marriage couple. As for mixed-marriage couples in Indonesia, a prenuptial agreement is highly recommended. This is the ultimate legal solution to get around the issues that have been around since 1960. The Basic Property Law imposed legal constraints in property ownership for an Indonesian married to a foreigner. Furthermore, referring to the Marriage Law assuming joint property ownership in every marriage registered under Indonesian laws, conducted by Indonesian(s), or voluntarily submits to the Indonesian legal system. The joint property ownership requires consent from your spouse in the event you are performing any legal action in relation to the marital property. As foreigners are not allowed to own property in Indonesia, such consent cannot be retrieved because the foreign partner is not in the legal position to give it to his/her spouse in the first place. This makes perfect sense. So, you're stuck between the statutory requirements for consent, and the ineligibility of your foreign partner to produce it for you. This is the delicate situation that must be overcome and anticipated by your Indonesian Prenup. The last thing you want is to have legal complications with the property ownership and then end-up loosing the lot (as you could imagine!). We understand that you might be stuck in a limbo where the legal system seems to attack personally against you in Indonesia.

Prenuptial agreements in Indonesia can be particularly valuable in protecting your assets in the event of a divorce. Indonesia follows a "community property" legal system, meaning that all property acquired during marriage is considered jointly owned. This can be challenging for those from a common-law jurisdiction where property acquired during marriage is ordinarily considered separate property. These types of agreements can allow you to keep your assets in the event of divorce and protect your children from subsequent marriage.

In conclusion, prenuptial agreements in Indonesia can be an essential tool for protecting your assets and wealth. The prenuptial agreement in Indonesia should be adequately drafted with several safe clauses that fulfill the requirements of Indonesian Law. It may be a wise decision to seek professional advice for better understanding on the appropriate clauses that may reduce the risks in the registration of the marriage.

At Wijaya & Co, our Indonesian lawyers are familiar with legal constraints, complications, prohibitions and remedies that must exist in every Indonesian Prenuptial Agreement. Our firm ensures that your interests are legally protected in owning property in Indonesia. We are committed to work with customized prenuptial agreements. We draft our Prenup line by line, word by word, and write it with our legal passion. Our Prenups are state of the art contracts specifically made to order. Our Indonesian lawyers make sure that your Prenup will protect you and your financial interests in case something come-up down the line. The Prenup must be able to be upheld by the court if dispute arises, when either of your pass-away, if your marriage dissolved by a divorce, protect you against the third parties, or if any unfortunate event structs you in between.

At Wijaya & Co, our team of experienced lawyers takes a comprehensive approach when working on prenuptial agreements in Indonesia. We understand that each case is unique, and we strive to provide personalized legal solutions to meet the needs of our clients. The first step in the process is to assess the client's individual circumstances and identify their specific goals and concerns.  With this information, our lawyers can create a customized agreement that ensures their interests are protected in the event of a divorce.

Once the terms of the agreement have been agreed upon, our lawyers will work with the client to draft a document that is legally binding and enforceable in accordance with Indonesian law. We take great care in ensuring that all the necessary legal elements are included, such as the division of assets and debts, property rights, and spousal maintenance. During this process, our skilled lawyers also provide expert guidance and advice, helping clients navigate the complex legal landscape of prenuptial agreements in Indonesia. We take the time to explain the legal implications of each clause in the agreement, and ensure that our clients are fully informed about their rights and obligations under Indonesian law.

Consider these reasons for getting your Indonesian Prenup drafted and incorporated with our firm:

  1. Made to order;
  2. Drafted and provided in dual language i.e. English and Indonesian;
  3. District court registration included to keep it upheld against third parties;
  4. Questionnaire for Prenuptial Agreement is provided to gives you the idea what should be included in your Prenup.

At Wijaya & Co, we understand that prenuptial agreements can be emotionally charged and sensitive. That's why we approach each case with compassion and empathy, taking care to listen to our clients' concerns and provide reassurance throughout the process. Ultimately, our goal is to help our clients secure a clear and legally binding prenuptial agreement that protects their interests and provides peace of mind. Whether you're getting married in Indonesia or are an expat living in the country, Wijaya & Co is your trusted partner for all your prenuptial agreement needs.

Call us or send us an email for getting your Prenup legally well-drafted and customized especially for you and your future spouse, or if you wish to find out more beforsaying "I do", please click here.

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