- Home
- Property Legal Services
- Prenuptial and Postnuptial Agreements
Prenuptial and Postnuptial Agreements
Property Legal Services
- Share:
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!
- Can expatriates get a mortgage in Indonesia
- Steps to get a mortgage in Indonesia
- Understanding KPR products in Indonesia
- Why It's Important to Use a Mortgage Consultant
Popular Services
- New Mortgage Property
- Primary Mortgage for First Buyers
- Mortgage Consultation Services in Indonesia
- Due Diligence
- Share:
Popular Services
Interesting News
Get Your Free Consultation Now!
News & Resources
Get to Know Latest Business & Visa Updates
For investors, startups, and foreign companies, choosing the right KBLI isn’t just about ticking boxes. It defines what your company is allowed to do, how it’s regulated, and which licenses you’ll need from the start. With the 2025 KBLI revision expected to align even closer with international standards and the ASEAN Common Framework, now is […]
LMI Consultancy
November 18, 2025
Over the past decade, Indonesia has emerged as one of Southeast Asia’s most dynamic destinations for foreign professionals. With the world’s fourth-largest population and a rapidly modernising economy, the archipelago continues to attract skilled expatriates seeking new frontiers in business, technology, education, and infrastructure. As regional investment flows diversify under the “China-plus-one” strategy and ASEAN […]
LMI Consultancy
November 18, 2025
Indonesia has quietly emerged as one of the world’s most sought-after refuges for digital nomads, remote workers, and location-independent professionals. In Bali, where surfboards lean against laptop-filled cafés and evenings stretch into conversations beneath slow-moving tropical skies, the meaning of “work-life balance” has taken on an entirely new form. For many modern professionals, the pandemic-era […]
LMI Consultancy
November 17, 2025
As of 2025, Indonesia’s corporate income tax rate remains at 22%, while the personal income tax scale ranges from 5% to 35%. Sure, the varieties of tax schemes and swift changes in regulations might spark intricacies and confusion, and the cost of misinterpretation can be significant. The role of an expert partner can help businesses […]
LMI Consultancy
November 12, 2025
In a sweeping pivot in state enterprise governance, President Prabowo Subianto announced that foreign nationals (WNA) will now be eligible to lead Indonesia’s state-owned companies (BUMN), marking a bold shift in decades-old policy. The announcement came during a dialogue with Forbes Chairman Steve Forbes at the Forbes Global CEO Conference on 15 October 2025 in […]
LMI Consultancy
November 11, 2025
When a foreign- or locally-owned company enters Indonesia’s economic ecosystem, understanding the tax system, its interplay with tax treaties, and the current Indonesian tax regime under the prevailing income tax law becomes mission-critical. For foreign investors and expats establishing a company, understanding how Indonesian tax works is crucial. Indonesia also maintains tax treaties with over […]
LMI Consultancy
November 11, 2025