Buku Nikah and prenuptial agreement

[El_Goretto]

I would like some help from members of this forum who have married at the KUA and have a prenup before 2017.

There is this rule from 2017 (attached to this post) that says there should be a footnote on the buku nikah stating that a prenup has been registered between whom and whom, with the prenup number and the date.

I have a prenup but do not have this footnote. Now the buyer's bank (BCA) does not want to release the funds for their KPR due to this reason.

Does anyone know if this was a requirement before 2017? If yes, do you have a link to the rule? I'm also looking for it and will post if I find it.

Thank you so much for your help.

https://bimasislam.kemenag.go.id/uploads/files/SE-Pencatatan-Perjanjian-Perkawinan.pdf

 

[centurion]

Yes, it was always a requirement. In old buku nikahs there was a checkbox where the official had to check if you have a prenup. If the prenup is not registered, it is not valid.

 

[El_Goretto]

Yes, it was always a requirement. In old buku nikahs there was a checkbox where the official had to check if you have a prenup. If the prenup is not registered, it is not valid.

Yes, that part is all checked out correctly.

But a new requirement asks to hand write a footnote. Was the footnote part always the case?

 

[Bad_azz]

Hmm seems odd that this is a rule considering I don't have a book, as I didn't marry at the KUA, so why have a rule like this in the first place, and banks requiring it - go to a different bank?

Or take your prenup into the bank?

Or , rephrasing that why make a regulation that only applies to those who have a book?

 

[El_Goretto]

They have a similar rule for non Muslim marriages that also came out in 2017.

We've already given all the documents required to the bank's appointed notary who have passed them on to the bank. The notary agrees with us, the BPN also gave their approval for the sale to go ahead.

Only the bank is being difficult.

Changing bank is not possible because we are the seller. The buyer choses the bank and they work at BCA so they get preferential terms for the loan.

It seems the bank's legal department is being overly cautious or they have a poor understanding of prenups. They are now asking us to get our prenup certified at the pengadilan agama which I think is bullshit.

All our documents are correct. Our prenup was made before the marriage, the page in the buku nikah is ticked "Ya" for "dengan perjanjian nikah".

Only thing we did not have was an actual written footnote but my understanding is that it's only a requirement after 2017.

I've investigated whether someone is hoping for some "incentive" to get the process moving but it doesn't seem like it.

The buyer seems very keen on buying the house too since they've already paid the UTJ, the DP and got the loan approval from the bank. The bank just won't release the money now.

 

[centurion]

Hmm seems odd that this is a rule considering I don't have a book, as I didn't marry at the KUA, so why have a rule like this in the first place, and banks requiring it - go to a different bank?

Or take your prenup into the bank?

Or , rephrasing that why make a regulation that only applies to those who have a book?

If you have a regular marriage certificate the notification about a prenup would be recorded on the back.

 

[centurion]

Yes, that part is all checked out correctly.

But a new requirement asks to hand write a footnote. Was the footnote part always the case?

Before there was no footnote requirement, just a checkbox. In new books, you do not have a checkbox so it must be in the footnote.
My wife took an apartment in 2012 trough mortgage loan. The marriage book had the checkbox checked and our contract was not even notarized, as it is not a requirement. This was enough for the loan and for the notary.

 

[Bad_azz]

If you have a regular marriage certificate the notification about a prenup would be recorded on the back.

Mine's Thai.

 

[El_Goretto]

Before there was no footnote requirement, just a checkbox. In new books, you do not have a checkbox so it must be in the footnote.
My wife took an apartment in 2012 trough mortgage loan. The marriage book had the checkbox checked and our contract was not even notarized, as it is not a requirement. This was enough for the loan and for the notary.

Indeed, that explains everything! Thank you so much!

Old buku nikah:

New buku nikah:

The information about the pre or post-nuptial agreement goes on the right page.

 

[centurion]

Mine's Thai.

Then in your Laporan Kawin Luar Negeri should be a record on the back.

Interesting to mention, if you are in a mixed Muslim-nonmuslim marriage you do not have right to inherit from the Muslim spouse.

 

[Bad_azz]

Then in your Laporan Kawin Luar Negeri should be a record on the back.

Interesting to mention, if you are in a mixed Muslim-nonmuslim marriage you do not have right to inherit from the Muslim spouse.

Highly unlikely he will die first- I hope not at least- been there worn that tshirt with previous relationship.

 

[El_Goretto]

Highly unlikely he will die first- I hope not at least- been there worn that tshirt with previous relationship.

I do hope so as well.

That said, can this be circumvented with a will?

 

[jstar]

That said, can this be circumvented with a will?

Although a WNA can inherit a property (and will have to sell within a year of course), that is NOT possible with a testament, the law specifically excludes this possibility...

 

[jstar]

Interesting to mention, if you are in a mixed Muslim-nonmuslim marriage you do not have right to inherit from the Muslim spouse.

In fact, according to Hadiths and Islamic law, it goes much further than that; one can not inherit from someone with a different religion. So as example; if you'd change your religion to marry your spouse you would not be able to inherit from your parents anymore.

?

 

[El_Goretto]

Damn... That sucks!

I'm surprised this is not a bigger deal. Or have I been oblivious all along?

This does not concern me because I already converted though.

 

[centurion]

Damn... That sucks!

I'm surprised this is not a bigger deal. Or have I been oblivious all along?

This does not concern me because I already converted though.

If you are a Muslim and have kids from previous marriages that are not, they cannot inherit you as a non-muslims. Same applies to a will, you cannot leave a property or any of the bequests to somebody that is not Muslim.

And if you have a prenup/postnup, you will receive only 25% of wife`s assets if she passes away before you.

 

[Bad_azz]

I do hope so as well.

That said, can this be circumvented with a will?

Not saying my documented religion is different to his...

 

[jstar]

Yep, better let sleeping dogs lie...

 

[centurion]

In fact, according to Hadiths and Islamic law, it goes much further than that; one can not inherit from someone with a different religion. So as example; if you'd change your religion to marry your spouse you would not be able to inherit from your parents anymore.

?

Actually, it is allowed here to inherit from non-Muslim, but the opposite is not allowed for sure.
If the deceased is non-muslim, Civil law applies, and the religion of the receiver is not important, and is done through regular court.

 

[Jamu]

I would like some help from members of this forum who have married at the KUA and have a prenup before 2017.

There is this rule from 2017 (attached to this post) that says there should be a footnote on the buku nikah stating that a prenup has been registered between whom and whom, with the prenup number and the date.

I have a prenup but do not have this footnote. Now the buyer's bank (BCA) does not want to release the funds for their KPR due to this reason.

Does anyone know if this was a requirement before 2017? If yes, do you have a link to the rule? I'm also looking for it and will post if I find it.

Thank you so much for your help.

https://bimasislam.kemenag.go.id/uploads/files/SE-Pencatatan-Perjanjian-Perkawinan.pdf

I have the old style buku nikah like you, but after the 'ya' checkbox indicating that there is a prenuptial agreement, the registration number and date of the agreement were written in...