Find out what the prenuptial agreement after marriage is and the reasons to consider before creating and signing it.
Based on the Act No.5 of 1960 Concerning Basic Regulations on Agrarian Principles, article 21, section 1 and article 23, section 3, the couples who have not signed the agreement are considered have the same rights regarding asset ownership. Because of that act, many couples who have the mixed-marriage need to sign a prenuptial agreement before the officiation of the marriage in Indonesia.
If you marry a foreigner, your foreign spouse does not have the right to own or purchase the property in Indonesia. You also do not have the right to purchase the property in Indonesia even though you are the citizen of Indonesia. Therefore, the prenuptial agreement before the marriage is needed to prevent the issues that may happen in the future.
Nowadays, the law in Indonesia allows the mixed marriage couple to have the prenuptial agreement after the marriage if they don’t make it yet. This agreement aims so that the local spouse can own the properties in Indonesia legally. Here are the things that you need to know about the prenuptial agreement after marriage.
What is the Prenuptial Agreement after Marriage?
Prenuptial agreement after marriage can be called as the post-nuptial agreement. The mixed marriage couple can draft or create the contents of the agreement after marriage for certain purposes such as the separation of the properties, contemplation of separation or divorce, and in need of the protection toward the properties that the couple have.
Reasons to Consider a Prenuptial Agreement after Marriage
Despite the pros and cons of having the prenuptial agreement before or after marriage, you still can manage to create this agreement. Here are some reasons you can take into consideration before signing this agreement after marriage.
1. Separating your and your spouse’s property ownership
You can separate yours and your spouse's property ownership in the marriage especially when you or your spouse have the children in the previous marriage and have a lot of assets to the partnership and a retirement account.
The contents of the agreement should cover the properties you acquire during the marriage before you and your spouse sign the agreement. You are not allowed to claim the properties that do not belong to you.
2. Being able to purchase the properties legally
By signing the prenuptial agreement after marriage, you can purchase the properties in Indonesia, and those properties will be owned by you legally. The foreign spouse shall transfer her/his right in the property ownership to his/her Indonesian spouse.
3. Having the authority to conduct any property transaction
You and your spouse have the authority to conduct any property transaction, without any mutual consent. If your spouse is about to start a business, you cannot claim his or her business. In contrast, you also don’t have any obligation to interfere with the running of your spouse’s business and pay his or her debt when there is separation or death.
4. Having the consent of the children custody
One of the purposes of signing a prenuptial agreement after marriage is you can create an agreement over the custody of the children if your marriage is ending in divorce. You can also put the rights, and the obligations of you and your spouse shall do to your children after the divorce in the content of the agreement.
If you plan to sign on the prenuptial agreement after marriage, you need to consider the consequences. Before conducting this agreement, make sure you and your spouse have the mutual understanding about the contents.
How Elson can Help you?
ELSON Indonesia is a company that has focus on providing legal solution for expatriates, foreigners, and mixed marriage couples in Indonesia.
ELSON Indonesia is a company that has focus on providing legal solution for expatriates, foreigners, and mixed marriage couples in Indonesia.
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