Do you plan to sign the postnuptial agreement in accordance to the Indonesian marriage law? Read the marriage law for foreigners carefully.
Many regulations need to pay attention to if you want to get married. Indonesian marriage law may apply the same to the foreigners who would like to register their marriage in Indonesia.
If you want to register the marriage agreement in Indonesia, you need to figure out how Indonesian marriage law for foreigners works, including the pre or postnuptial agreement regulations. Here is the information about the postnuptial agreement in Indonesian marriage law for foreigners.
Postnuptial Agreement in Indonesian Marriage Law for Foreigners
Based on the Decision No.69/PUU-XIII/2015, the Constitutional Court declares that marriage agreement cannot only be made before or by the time when the wedding took place, but it also can be made along the marriage of spouse.
This decision may apply to the foreigners who reside in Indonesia. Just in case, you do not make a prenuptial agreement before the marriage; you can conduct the postnuptial agreement during the marriage.
The term postnuptial agreement can be defined as the marital agreement that you and your spouse sign after the marriage. You and your spouse can sign this agreement if both of you feel the sudden change of the financial and the conflict that occurs during the marriage.
The Legal Implications of the Postnuptial Agreement in Indonesia
The contents of the postnuptial agreement based on Indonesian marriage law may cover the separation or the division of the property ownership and other issues that may involve the third parties.
Based on the Civil Code in Article 1338 which stipulates that all contract legally drafted shall serve as the law to the parties involved. This article implies that all parties involved will cause certain impacts from this post-marital agreement.
If you or your spouse have loans after the postnuptial agreement is signed, you or your husband does not have an obligation to use his or her asset to pay for the debt. On the other hand, if the loan happens before this agreement, the community property will serve as the collateral.
The Marriage after the Postnuptial Agreement in Indonesian Marriage Law for Foreigners
Signing the postnuptial agreement can be a right choice if you do not have the prenuptial agreement. As the post-marital agreement is legally signed, the law applies to you and your spouse.
The contents of the agreement are valid legally since both of you sign it. You and your spouse can conduct any transaction without any consents from each of you.
Legalization of the Postnuptial Agreement in Indonesian Marriage Law for Foreigners
Before you legalize the postnuptial, you need to make sure the validity of your marriage in accordance to the Indonesian marriage law. You need to register your marriage in Indonesian Civil Registry. Here are the requirements needed to register your marriage.
1. The certificate of marriage from the religious leaders/pastors or marriage letter which is signed by the religious leader
2. The excerpt of the birth certificate of both spouses
3. The permit from the state representative concerned to both spouses
4. Passport (both spouse)
5. Family card or identity card (foreign citizens who have become Indonesian resident)
6. The certificate of residence for the foreign citizens who hold KITAS (Temporary stay permit).
After your marriage is registered, you can sign for this agreement and have it legalized and registered to the marriage registrar: the civil registry office for non-Muslim spouses and KUA (office of religious affairs) for Muslim spouses. Here are the requirements for legalizing this agreement.
1. The copy of ID card (both spouses) or the family card
2. The copy of the notarial deed of the postnuptial agreement that has been legalized by the notary
3. The excerpt of the marriage certificate of both spouse
If you plan to sign and register your postnuptial agreement in Indonesia, you need to know thoroughly Indonesian marriage law for foreigners.
How Elson can Help you?
ELSON Indonesia is a company that has focus on providing legal solution for expatriates, foreigners, and mixed marriage couples in Indonesia.
ELSON Indonesia is a company that has focus on providing legal solution for expatriates, foreigners, and mixed marriage couples in Indonesia.
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