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Prenuptial and Postnuptial Agreements
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Prenuptial and Postnuptial Agreements in Indonesia
In Indonesian marriage, prenuptial and postnuptial agreements serve as written agreements between spouses to regulate the division of assets and liabilities in the event of divorce or death. These agreements offer certainty and protection for both parties regarding finances and asset ownership.
The main difference between the two lies in timing. A prenuptial agreement is signed before marriage or entering into a civil union, while a postnuptial agreement is created after marriage or entering into a civil union.
A prenuptial agreement governs the division of assets, property, debts, and other financial matters in the event of divorce or separation. This agreement is typically drawn up while a couple is still preparing for marriage.
A postnuptial agreement, on the other hand, is similar to a prenuptial agreement but differs in the timing of its execution. Couples create a postnuptial agreement after they have already married or entered into a civil partnership.
These two agreements allow couples to regulate matters such as the division of assets and property, including mortgages and property, during a divorce or separation. A well-drafted agreement can define which property is considered community property and which is individual property, as well as regulate obligations regarding existing mortgages in the event of separation. This can help avoid disputes and uncertainty regarding property division during the divorce process.
Benefits of Making a Prenuptial or Postnuptial Agreement with LMI Consultancy
Legal counsel plays a crucial role in the creation and implementation of prenuptial and postnuptial agreements between husband and wife. Using the services of a legal counsel certified by a trusted notary from LMI Consultancy ensures that the written agreement is drafted correctly, regulates the consequences, is legally binding, and is tailored to the couple’s unique circumstances.
By engaging in the Marriage Agreement Consultation Service from LMI Consultancy, our clients can benefit from legal expertise, proper documentation, a simplified process, and customized solutions.
Customised solution: We understand every couple has unique needs, and your marital agreement will be tailor-made to reflect them. Our expert teams are located across Jakarta & Bali, ready to assist you completely with a hassle-free Inheritance Deed process!
Steps to Make a Pre-nuptial Agreement in Indonesia:
- Consult the assets you would like to include in the Agreement.
- Our notary team will assist with drafting the Agreement.
- Once finished, we will contact you to schedule reviews and seal the Agreement
Document Requirements for Drafting a Legal Basis for a Prenuptial or Postnuptial Agreement in Indonesia
Resident Identity Card (KTP) and Family Card (KK)
Original and photocopy of each party. Ensure the information on the KTP and KK matches.
Tax Identification Number (NPWP)
Original and photocopy of each party.
Birth Certificate
Original and photocopy of each party.
Formal Picture
Typically 4×6 cm in size, with a red or blue background, depending on the notary’s request. There can be 2-4 copies of each.
Additional Documents Specifically for Post-Nuptial Agreements
Original Marriage Certificate/Marriage Book
This is the most crucial document for a postnuptial agreement because it proves that the marriage is legal and registered.
Important to Note
Before gathering the documents, it’s highly recommended to consult with a notary from LMI Consultancy. The notary will explain in detail the terms of the agreement, the fees, and the specific documents required for your particular case.
Frequently Asked Questions
Yes, it is possible to combine a Prenuptial and Postnuptial Agreement in Indonesia. In some cases, couples may have a prenup in place before getting married but later decide to make adjustments or add new provisions to their property division arrangements. In such instances, they can draft a postnup to amend or supplement the existing prenuptial agreement.
Yes, it can modify the property rights and obligations of each spouse. The agreement can address the classification of property as joint or separate, lay down rules for property management before or during the marriage, and define how assets will be divided in the event of a divorce or death.
In the absence of a Prenuptial or Postnuptial Agreement, the default property division rules under Indonesian law apply. Indonesia follows the principle of joint marital property (communal property), where assets acquired during the marriage are generally considered jointly owned by both spouses and subject to an equal division in case of divorce.
A legal consultant in Indonesia can assist with drafting both Prenuptial and Postnuptial Agreements for property matters. A reliable legal consultant like LMI Consultancy ensures that the agreements comply with Indonesian laws, protect the interests of both spouses and provide clarity and security in matters related to property division.
Need more information about Home Ownership Credit? Check out some of our guides!
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