Buku Nikah and prenuptial agreement

El_Goretto

Moderator
Moderator
Cager
Joined
Jul 13, 2016
Messages
2,632
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.

 

centurion

Well-Known Member
Cager
Joined
Aug 20, 2016
Messages
392
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.
 
Last edited:

El_Goretto

Moderator
Moderator
Cager
Joined
Jul 13, 2016
Messages
2,632
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

Well-Known Member
Charter Member
Cager
Joined
Jul 16, 2016
Messages
2,870
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

Moderator
Moderator
Cager
Joined
Jul 13, 2016
Messages
2,632
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

Well-Known Member
Cager
Joined
Aug 20, 2016
Messages
392
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

Well-Known Member
Cager
Joined
Aug 20, 2016
Messages
392
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.
 

El_Goretto

Moderator
Moderator
Cager
Joined
Jul 13, 2016
Messages
2,632
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:

20150301_125758 copy.jpg



New buku nikah:

WhatsApp Image 2019-05-02 at 18.24.36.jpeg


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

centurion

Well-Known Member
Cager
Joined
Aug 20, 2016
Messages
392
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.
 
Last edited:

Bad_azz

Well-Known Member
Charter Member
Cager
Joined
Jul 16, 2016
Messages
2,870
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

Moderator
Moderator
Cager
Joined
Jul 13, 2016
Messages
2,632
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

Mr. 10,000
Joined
Jul 31, 2016
Messages
4,305
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

Mr. 10,000
Joined
Jul 31, 2016
Messages
4,305
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

Moderator
Moderator
Cager
Joined
Jul 13, 2016
Messages
2,632
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

Well-Known Member
Cager
Joined
Aug 20, 2016
Messages
392
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.
 

centurion

Well-Known Member
Cager
Joined
Aug 20, 2016
Messages
392
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

Well-Known Member
Charter Member
Cager
Joined
Jul 24, 2016
Messages
377
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.

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...
 

Users who viewed this discussion (Total:0)

Users Who Are Viewing This Thread (Users: 0, Guests: 1)

Follow Us

Latest Expat Indo Articles

Latest Activity

New posts Latest threads

Latest Tweets by Expat Indo

Online Now

Newest Members

Forum Statistics

Threads
4,399
Messages
67,026
Members
1,768
Latest member
m17tgw
Top Bottom