“Without a registered prenuptial agreement, an Indonesian spouse no longer entitle to buy a property because it will be considered as joint asset if he/she married to a foreigner.”
Why do we need a prenuptial agreement? Is it necessary for a mix marriage couple to have a prenuptial agreement? We often got a question like that, especially from our clients, foreigners, who would like to marry Indonesian.
A Prenuptial agreement or Premarital Agreement is an agreement before or by the time the wedding took place written in a Notary Deed and ratified by the clerk marriages registration official. Prenuptial Agreement could stipulate a separation of assets between husband and wife to avoid mixing of property ownership that may result to become couple joint assets or ownership.
Please be informed that according to Indonesian Law, Indonesian property are only eligible to be owned by Indonesian Citizen. Foreigners are not entitled to own a property in Indonesia.
Therefore, without a prenuptial agreement, an Indonesian spouse no longer entitle to buy a property because it will be considered as joint asset if he/she married to a foreigner.
If the property was bought by the Indonesian spouse without informing his/her marital status with a foreigner, the ownership of the property will be canceled and the ownership must be transferred within 1 (one) year to other eligible parties.
Further, a Prenuptial Agreement must not violate any prevailing Indonesian Law, Religion and Morality. A Prenuptial Agreement will come into effect from the marriage, once it is officially registered. The agreement cannot be change or amendment unilaterally. Therefore the changes must be approved by both parties and the change must not detrimental to any third parties.
For a wedding that held outside Indonesia, Prenuptial Agreement must be reported in conjunction with registration of marriages and report to the provincial civil registration and population within a maximum of 30 (thirty) days after the mix marriage couple arrived in Indonesia.
HOW CAN ELSON HELP YOU?
ELSON Indonesia is a company that focus on providing comprehensive legal solution for expatriates, foreigner and mix marriage couple in Indonesia.