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 (Kantor Urusan Agama/KUA)

”The Ministry of Religion issued the Circular Letter Number B. 2674/DJ. III/KW. 00/9/2017 concerning Recording of Marriage Agreement Recording as a guideline for Muslim Couple to record the Marriage Agreement”

Postnuptial Agreement (“Postnup”) is an agreement which signed by the spouse in the bonds of marriage. Previously, the Indonesian Marriage Laws did not regulate regarding Postnup. It only states that the Marriage Agreement is an agreement which made by the time or before the marriage took place. By the existence of the Constitutional Court Decision No. 69/PUU-XIII/2015, it changed the related clause on the Marriage Laws, which is the Article 29 (1), (3), and (4). Based on the revised Article 29 (1) on Marriage Laws, the spouse could submit the agreement which will be legalized by Notary or Marriage by the time, before, or in the bonds of marriage.

Based on the Circular of the Ministry of Religion Number B. 2674/DJ. III/KW. 00/9/2017 concerning Recording of Marriage Agreement (“The Circular Letter”, the recordation of reporting marriage agreement can be done with due observance of:

  1. The time of marriage agreement been made, either by the time or before the marriage took place.
  2. The marriage agreement made as long as still in the marriage bond.
  3. The marriage contract made in Indonesia and the recordation of the marriage took place in other countries.
  4. The amendment or the revocation of the marriage contract.

The agreement itself needs to be recorded and reported to District Religious Office Affairs (Kantor Urusan Agama/KUA). The marital agreement is made in a written agreement and authorized by officials registrar of marriage (Pegawai Pencatat Nikah/PPN) or a public notary. Recording of marriage agreement before, during or in the bonds of marriage may be recorded by PPN, PPN records the marriage agreement in the note column in the marriage certificate (model N) and in the marital status records column in the marriage certificate (NA model ).

The marriage recorded by another country, but the marriage agreement or changes/repeal made by another country, the reporting of the marriage agreement is made in the form of a letter by KUA.

Referring to the Circular Letter that the reporting of marriage agreements made in the bonds of marriage is carried out under the following conditions :

  1. copy of Identity Card;
  2. copy Family Identity Card;
  3. copy of the notarial deed of marriage agreement which has been legalized;
  4. Book of marriage the husband and wife or a marriage certificate issued by another country/certificate reporting the marriage certificate issued by another country.

Recording of marriage agreement reporting made in Indonesia while marriage recorded on other country is carried out under the following conditions :

  1. copy of Identity Card;
  2. copy Family Identity Card;
  3. copy of the notarial deed of marriage agreement which has been legalized;
  4. Book of marriage the husband and wife or a marriage certificate issued by another country/certificate reporting the marriage certificate issued by another country.

The procedure of recording marriage agreement reporting on District Religious Affairs Office as follows:

  1. husband and/or wife submit the entire document requirements;
  2. head of District Religion Affairs Office as officials of the Registrar of marriages note on the bottom column of Deed of Marriage and marital status records on the marriage book;
  3. Notes on the marriage agreement document are performed on the back of the page and then signed by PPN;
  4. Marriage Books of husband and wife which have noted a marriage agreement or certificate submitted to each husband and wife.

Therefore, the spouse who iswilling to report their marriage has to make sure to fulfill all the terms as the guidelines already described, so that the recordation of the marriage can be perfectly made. According to our experience at South Jakarta KUA the procedure and requirements are accordances with the regulation above and the process only 1 (one) working day. So, it can be concluded that conduct a postnuptial agreement in Indonesia is not complicated and effective.

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ELSON Indonesia is a company that focus on providing comprehensive legal solution for expatriates, foreigner and mix marriage couple in Indonesia.

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Author : Belle Risca Junia & Latifah Kusumawardani