Prenup and post-nuptial agreements

mas_dam

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Aug 31, 2020
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if you have any notary public that can do all this, including the registration to catatan sipil, please let me know. I am in the needs of this and i am a noob.

usually how much this would cost me?

A few points here:

Registration of the Pre/Post-nup:
The notary public should register the prenup/postnup deed to the court (i.e. Pengadilan Negeri Jakarta Selatan). The court will stamp your Akta/Deed and assign a registration number. I understand that this is purely to give the Deed more legal power.
Then you can go to KUA/Pencatatan Sipil and register this number to your registered marriage. If you have a pre-nup, it should be already noted on your marriage documents at the time of marriage.

Here is the procedure for KUA and what documents to provide (page 3):
(We didn't need legalized photocopies of the pre-nup, they just made some standard copies at the spot.)

Content of Pre/Post-nup:
There is an important thing to note here. "Prenup"/"Postnup" is the type of agreement, a marriage contract. It doesn't say anything by default about the content of such agreement. Of course we all agree that there is one clause that must be included in WNI/WNA mixed marriages with the intention to buy property: separation of goods concerning property. But there are likely to be many more things to be included/clarified in this document and there are numerous scenarios/legal wording that are possible. It depends on you and your spouse what to include in which wording to agree to.

Now there is one point that really striked me when "shopping around" for notaries. It's their unwillingness (is it incompetence? laziness?) to deviate from their one template they previously used and actually draft a document individual to your case/intentions. Personally, I don't see much point in arguing in this case, but rather will move on to another notary that has a template that fits my needs or at least one that needs very little alteration.

Cost:
The cost is likely to differ a lot based on your residency, i.e. in Jakarta likely more expensive than elsewhere. Cost should always include the registration to the court. Registration to Pencatatan Sipil/KUA can be done by yourself. We have paid 3.5jt for a notary that made a good impression and had a draft ready that was acceptable for our case. We previously visited another notary that quoted less, maybe 1-2jt. (? can't remember), but had an unacceptable draft and was not likely to draft something individual for this price. Both were in 2019 in Jakarta Selatan.
From my experience is will be possible to get drafts before signing something or paying the notary, so if you are sure that you will never need them again you could also "shop around for drafts", use the best draft and bring it to the cheapest notary. As it's only a one-time thing I didn't mind to pay a bit more for the notary who actually drafted a decent version.

Once again, what's a decent version or not is up to your individual intention.
 
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