Post-Nuptial-Advice

[darklingthrush]

Hi,

I saw some discussion on this topic. I am planning to get this done along with my wife, however, prior to that, I have a few questions.

1. Is this mandatory for separation of property ownership/buy & sell property? I have heard about this being nullified by a court last year.
2. If I were to do this, how much will it cost me? A rough estimate? One law firm I contacted came up with unrealistic sums of 75 jt and at the same time I have heard about people getting it done for 10-15 jt.

Any ideas on this highly appreciated. Many thanks.

 

[jstar]

1. Yes, since only an Indonesian citizen can own land, there must be a separation of assets. This is not so easily changed by laws or court orders.
2. You need to contact a notary, not a law firm. They will also register the contract for you. I have seen prices between 3 and 8 million rupiah.

NB: I speak with pre-nup in mind, I have no experience or knowledge about setting it up after the facts. And I wonder how many notaries will go along with the principle.

 

[darklingthrush]

Jstar,

Thanks for that quick info. What I had in mind was this -

http://www.thejakartapost.com/news/2016/10/28/prenup-rule-for-mixed-marriages--abolished.html

I have no idea what it means.

 

[jstar]

No problem, we are talking about the same thing.

The article reporting is not great; what they mean is that you would be able to create a marriage contract also after the wedding...

For more background: https://forum.expatindo.org/showthread.php?979-Prenup-and-post-nuptial-agreements

 

[scouser59]

Postnup prices at the notaris ,I have read on this and other forums around 3 juta , but not all some notaris will do it , it would seem further clarification of the is required from the high courts .

 

[Burungkecil]

I asked a notary yesterday what the latest news on this situation was but she wasn't particularly optimistic. She said that the Constitutional Court sometimes makes rulings without enough expert knowledge in the specific field of law being debated. She gave an example of one judgement by the Court back in 2012 that still hasn't been enacted.

Another problem with the postnup idea is that the Land Registry (BPN) has not yet accepted the idea of a marriage agreement made after the date of marriage. Also, there is no system for registering these agreements with the courts or Kantor Catatan Sipil (Registry Office). Those people making simple 'postnups' at the moment cannot get them registered. Even the universally accepted prenuptial agreement that many of us failed to make had to be registered with the courts and/or Registry Office, so surely a controversial 'postnup' would have to go through at least as many steps. The notary I spoke to said that notaries do not want to be regarded as the supreme authority in the field issuing postnups without reporting higher up the chain. They want a government institution (BPN or courts or Registry Office) to oversee the process and act as registrar/regulator. In which case we have to wait on various civil servants to approve the idea and set up a system. Makes sense I suppose.

 

[Burungkecil]

I have also read the blogs of a few notaries and they worry that if a 'post' marriage agreement can be made effective from the beginning of the marriage this will create a legal nightmare. They would prefer that the agreement is only effective from the date it is made.
They are also concerned that the marriage agreement can be cancelled if both husband and wife agree and no third party is negatively affected. The couple can then make a new, different marriage agreement. But what if they make these agreements with two different notaries? How would the second notary know whether the new marriage agreement is disadvantageous to a third party if there is no central registrary?