To keep the right of the property owner is one of the reasons you must consider before signing a prenuptial agreement. Find out others!
If you plan to have the mixed marriage in the future, you need to consider many things. You need to know what you are going to deal with in the mixed marriage. One of the considerations you need to take is having a prenuptial agreement. Here are the things about the prenuptial agreement and the considerations that you need to have before signing it.
What is a Prenuptial Agreement?
Prenuptial agreement is the legal written agreement that is made in detail between both prospective husband and wife before having the marriage. The contents mostly discuss the separate marital properties (house, apartment, lands, or savings), the custody of the child/children, alimony settlement (in case the divorce may happen).
What Constitutions Considered before Signing a Prenuptial Agreement?
Here are the constitutions that deal with the mixed marriage that you need to figure out before signing a prenuptial agreement.
1. The Law of the Republic of Indonesia, number 1 of the year 1974 on marriage, article 35, section 1. Article 35, section 1 states that a person can retain all assets obtained before marriage or assets inherited during the marriage.
You can say that your property acquired after the marriage will become the community property. You need to divide all the property equally in case of divorce matter.
2. Act No.5 of 1960 Concerning Basic Regulations on Agrarian Principles, article 21, section 1, states that only an Indonesian citizen may have rights of ownership.
It means that a foreigner may not legally own land in Indonesia.
3. Article 21, section 3, states that any foreigner, who, after the coming into force this act has obtained the right of ownership through inheritance, without a will or through communal marital property and any Indonesian citizen too, having the right of ownership and losing nationality after the coming into force of this law, are obliged to relinquish that right of after losing that nationality. If after the expiry of that period of the right of ownership is not relinquished, then it becomes invalid by the provision that the right of other parties, incumbent hereon, endure.
If you marry a foreigner, you will lose the right of ownership of the properties you have. The property that you purchase after marriage will be neutralized as the communal property. You can sell your property after a one-year marriage or give the right of ownership to your family member. If you could not make it within a year, your property will be considered as the government’s property.
Why should Get a Prenuptial Agreement?
Here are some reasons you may consider before signing a prenuptial agreement.
1. Keeping the right of the ownership of property
This prenuptial agreement will solve the problems related to the separation of you and your spouse property belongings. You also have no right to claim your spouse’s property belonging. In other hands, your spouse has no right to claim your property belongings, too.
2. Having no obligation to pay your spouse’s debt
If your spouse is a businessperson, it is important to have a prenuptial agreement. By having this agreement, you will stay away from the obligation as the personal guarantee or paying the debt that your spouse has in the business.
3. Having the clear custody of your children
In case your mixed marriage leads to divorce, you can clearly state who will have the right to have the custody of the children, what obligations the father and the mother should have, and how much the alimony settlement for your children will be.
By signing a prenuptial agreement, you and your spouse will be able to secure and settle your problems in your mix marriage.
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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