Prenup and post-nuptial agreements

[Ruserious]

So do you guys think that prenups are now invalid and that it is imperative to get a postnup? Or do you think better to wait untill this process is further along? What about people without a prenup? Anyone have the law office of Ika contact details? I searched online but only found a japanese language site.

 

[jstar]

No, prenups are definitely not invalid as long as they meet all criteria. (In the Indonesian language, without illegal consequences, respecting the Indonesian law, drafted by an official Notary and preferably reported at local court (PN) and perhaps even CatSip.)

If I were you I would contact a Notary with experience in the subject (prenups that is).

 

[Davita]

Basically the law change means pre-nups and post-nups are the same....although they may no longer be called that.

They provide for 'agreements', as jstar says 'within the criteria', that all Indonesians can now have notarized, to separate assets 'before' or 'after' marriage.

 

[jstar]

Yes, it is a bit confusing that in English it is always called antenuptial / prenuptial / premarital agreement. In other languages they speak about 'huwelijkse voorwaarden' (marital conditions) or 'Ehevertrag' and 'contrat de marriage' (marriage contract).

 

[Burungkecil]

Perca Indonesia, the mixed-marriage group that pushed for the change in the law, organised a "talkshow" last week at the Swiss BellHotel to discuss the implications of the 'postnup' ruling but we were unable to attend. According to Gatranews, Ida Farida (the lawyer who took the case to the Constitutional Court) says that those of us in a mixed marriage can make a 'postnup' "kapan saja" or whenever we like.
http://www.gatra.com/hukum/230591-pelaku-perkawinan-campuran-bisa-buat-perjanjian-kawin-kapanpun

Can anybody shed any more light on what was discussed at the event?

 

[scubagirl]

Hi Burungkecil,
I went to the said meeting (a bit late, so I didn't hear the complete discussion).
On the final discussion, it seems that :
1. Notaries can now write an asset separation agreement after marriage (postnup)
2. The Ministry of Land representative is still insisting that the MK Decision and the notary deed would not automatically granted the right of the indonesian spouse to own Hak Milik property without a pre nup (essentially the same with before MK ruling). Although when he was challenged by the lda Farida, he back down and said he has to "talk to the minister first".
3. The Catatan Sipil Representative is more accommodating and said that her Ministry is drafting a new ruling and people can register their postnup as soon as the new ruling is signed. She said it should be ready in 2017 (doesn't specifically said when).

PS :
I have 2 notaries that I usually work together with for my permitting business, and both confirm they can make a post nup agreement, however they are not sure which Dinas catatan sipil that is ready to register the postnup.

if anyone has newer information on the catatan sipil ruling, please share ?

Perca Indonesia, the mixed-marriage group that pushed for the change in the law, organised a "talkshow" last week at the Swiss BellHotel to discuss the implications of the 'postnup' ruling but we were unable to attend. According to Gatranews, Ida Farida (the lawyer who took the case to the Constitutional Court) says that those of us in a mixed marriage can make a 'postnup' "kapan saja" or whenever we like.
http://www.gatra.com/hukum/230591-pelaku-perkawinan-campuran-bisa-buat-perjanjian-kawin-kapanpun

Can anybody shed any more light on what was discussed at the event?

 

[scouser59]

thanks for the info, so we wait on the ruling to be signed , .

 

[Burungkecil]

Thanks for the info Scubagirl. Not sure how BPN (the Land Agency) can refuse to accept the Constitutional Court's decision but at least the Catatan Sipil (Civil Registry Office) says it is preparing to implement the decision.
We recently bought a plot of land which we had planned to give Hak Pakai status but with the law change we are hoping it can be made Surat Hak Milik. All depends on how fast the wheels of bureaucracy turn. No chance then!

 

[scouser59]

news of new post nups on another forum ,

just did a postnup few days ago...ask the notaris, give my wife passport, my KTP and our Kartu keluarga...that's it...he asked 1.5jt and it is finish in a day...

must be a standard thinks for notaris...don't understand why thy give you problem


hi thats great news , could you please let us know the form of words the notaris used, so we can use it as a model when we approach our notaris , did you have to register the postnup at catatin sipil ? or with the court ? thanks

I will post as I have more news

---

 

[dafluff]

Moderator Edit: Moved a question about divorce/asset separation to it's own thread here:

https://forum.expatindo.org/showthr...ets-after-divorce-to-son-and-or-step-daughter

 

[Ruserious]

Just wondering if anyone has any updates to the situation. Has anyone else completed a postnup? Do you have the wording available to send on? Did you manage to also get it registered?

 

[Anglian]

Just wondering if anyone has any updates to the situation. Has anyone else completed a postnup? Do you have the wording available to send on? Did you manage to also get it registered?

Yes , that would be interesting to know as I would like to be legal

 

[Davita]

Re; my post #40 above....would Jalan2site like to say why he/she suddenly today 'dislikes' my comments posted over 7 months ago. I didn't think they were even controversial.

 

[Jalan2site]

@Davita
Sorry for that 'dislike', must been a mistake. I imediatly removed it when seen...

 

[Jalan2site]

I can also confirm the 1th Postnuptial agreement signed at notaris AND registered at local catatan sipil in Manado today.

 

[Davita]

@Davita
Sorry for that 'dislike', must been a mistake. I imediatly removed it when seen...

Well thank you for the response and correction...you are a gentleman.

 

[Jalan2site]

Should help to make a postnup and register it....

https://badungkab.go.id/instansi/di...ncatatan-Pelaporan-Perjanjian-Perkawinan.html

 

[Takri]

Should help to make a postnup and register it....

https://badungkab.go.id/instansi/di...ncatatan-Pelaporan-Perjanjian-Perkawinan.html

Wow that is great Jalan2site! Something really concrete!

Just wondering... is it then enough to do a post-nup? Or are there other parties that need to write peraturan (Agrarian, ....)?

Also, what about the retroactivity of the post-nup? Is the post-nup valid for land bought from the date of the post-nup or from the date of the marriage? Or is it possible to specify the date from which it should be valid?

Thanks!

 

[Jalan2site]

My knowledge is it is valid from the day of the postnup, but can also be wrong....and we have registered it @ catatan sipil

 

[Ruserious]

My knowledge is it is valid from the day of the postnup, but can also be wrong....and we have registered it @ catatan sipil

So does this mean that houses bought before the postnup is registered are still considered illegal? As always this goes against logic (prenup and postnup is ok but in between is a no go) but who am i to question government logic?