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  • +62 8128 2128 999
  • aw@wijayaco.id

Prenuptial Agreement

Sunday, 19 April 2015
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Prenuptial agreement in Indonesia (so called "Prenup") is legally recognized by the legal system as a contract entered into before the couple performs a marriage. A good Indonesian prenuptial agreement must be drawn-up to meet your specific particular needs. Your Prenup must support you, your spouse, and your marriage life, not the other way around. The Prenup is not only protecting your assets and financial interests, but it will also protecting your family. Your spouse, and your children are the ones you love most. You need to make sure they deserve the best things in life. You will not be able to protect them when they are exposed to potential risks in your career and/or businesses. Without any prenup, the law sees you and your spouse as one legal entity. Your properties are hers/his. Your business is hers/his. But the bad news is, your potential risks are hers/his too. In order to keep the good news coming, or at least for stopping the bad one from happening to your family, you've got to have this contract right away.

The Prenup must also comply with the prevailing laws and legal systems, both in Indonesia, and your home country in the event you are a mixed-marriage couple. As for mixed-marriage couples in Indonesia, a prenuptial agreement is highly recommended. This is the ultimate legal solution to get around the issues that have been around since 1960. The Basic Property Law imposed legal constraints in property ownership for an Indonesian married to a foreigner. Furthermore, referring to the Marriage Law assuming joint property ownership in every marriage registered under Indonesian laws, conducted by Indonesian(s), or voluntarily submits to the Indonesian legal system. The joint property ownership requires consent from your spouse in the event you are performing any legal action in relation to the marital property. As foreigners are not allowed to own property in Indonesia, such consent cannot be retrieved because the foreign partner is not in the legal position to give it to his/her spouse in the first place. This makes perfect sense. So, you're stuck between the statutory requirements for consent, and the ineligibility of your foreign partner to produce it for you. This is the delicate situation that must be overcome and anticipated by your Indonesian Prenup. The last thing you want is to have legal complications with the property ownership and then end-up loosing the lot (as you could imagine!). We understand that you might be stuck in a limbo where the legal system seems to attack personally against you in Indonesia.

At Wijaya & Co, our Indonesian lawyers are familiar with legal constraints, complications, prohibitions and remedies that must exist in every Indonesian Prenuptial Agreement. Our firm ensures that your interests are legally protected in owning property in Indonesia. We are committed to work with customized prenuptial agreements. We draft our Prenup line by line, word by word, and write it with our legal passion. Our Prenups are state of the art contracts specifically made to order, not some legal draft passed-around among legal practitioners. Our Indonesian lawyers make sure that your Prenup will protect you and your financial interests in case something come-up down the line. The Prenup must be able to be upheld by the court if dispute arises, when either of your pass-away, if your marriage dissolved by a divorce, protect you against the third parties, or if any unfortunate event structs you in between.

Consider these reasons for getting your Indonesian Prenup drafted and incorporated with our firm:

  1. Made to order;
  2. Drafted and provided in dual language i.e. English and Indonesian;
  3. District court registration included to keep it upheld against third parties;
  4. Questionnaire for Prenuptial Agreement is provided to gives you the idea what should be included in your Prenup.

Call us or send us an email for getting your Prenup legally well-drafted and customized especially for you and your future spouse, or if you wish to find out more before saying "I do", please click here.

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