Prenup rules for mixed marriages nixed

[William King]

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

 

[fastpitch17]

Cool

 

[Anglian]

Yes I like that

 

[dafluff]

Maybe I am missing something, but this is still the same ruling that has been discussed before yes?

https://forum.expatindo.org/threads/prenup-and-post-nuptial-agreements.979/

So basically saying that post-nups are ok now.

 

[El_Goretto]

Maybe I am missing something, but this is still the same ruling that has been discussed before yes?

https://forum.expatindo.org/threads/prenup-and-post-nuptial-agreements.979/

So basically saying that post-nups are ok now.

Yes, it's the same article that has already been shared back in October 2016.

 

[William King]

Ups. My bad. Sorry gents.

 

[jstar]

 

[scouser59]

ha ha nice !

 

[mick mentawai]

So how does it work now?

Do you need a post nap or other legal document?

or

Do you just purchase in Indonesian partners name and the law now recognise that the property is only owned by the name in which it is in (Indonesian partners) and that the foreigner partner doesn't have a 50% share because they can't own property in Indonesia.

Im asking as my wife is Indonesian(marred over 10 years) we have a few properties in Indonesia but we never made a pre nup so we put them in her parents name, but now things are changed we will put them in her name.

(BTW. they are not of great value as in remote areas only paid between 30 to 60 juta for each one but they are now worth much more as have people offer us triple the prices we paid, but still seems a great time to put them in her name as we worry complications may arise if her parents died etc)

 

[El_Goretto]

Welcome to the forum @mick mentawai ! How did you find us by the way?

In regards to your question, the way I understand it is that if you do not have a pre-nup, you can now theoretically get a post-nup written. In practice, you may have difficulties finding a notarie who will be up-to-date on this issue.

The post-nup (the same way the pre-nup should) will state separation of assets meaning that any property acquired by the Indonesian spouse during the marriage will not be automatically owned 50% by the foreign spouse, making the ownership by the Indonesian spouse legal.

Of course, there are pitfalls in case of divorce or death because the foreign spouse will not be able to claim anything.

The original thread on this discussion can be found here: https://forum.expatindo.org/threads/prenup-and-post-nuptial-agreements.979/

 

[atlantis]

you may have difficulties finding a notarie who will be up-to-date on this issue.

In many region it was already difficult to find a Notaris who was aware of and up-to-date with his knowledge of the consequences of the land law in mixed marriage, so I sincerely wish good luck to those who want to have a postnup drafted.

After over than 20 land transactions over the past 16 years and the use of at least 6 different Notaris I am yet to meet 1 notaris who ask me my prenup. This is valid for my region but not only. Similar experiences have occurred to friends in Bali, Jawa Timur, Jawa Tengah, DKI JKT, NTT & NTB, Sumatra Utara and Aceh.

I would advise to those who don't have a prenup and have no intention to become WNI to consider a postnup, but I wouldn't make it the highest priority in my bucket list.

 

[mick mentawai]

Thanks guys.

I found the forum with google as i i use to post on the other Expat forum, i remember about a year ago i visited it and saw some notice saying it had split or moved hence how i knew there was a new forum.

BTW Is there any reason why i couldn't put the properties in my Indonesian wife name(Hak milik) and then take a long term lease (Hak sewa) out on the property in my name? (Maybe just on the best property just for some security for me)

Also while I'm asking, does it matter where we go for Notoris to swap property in wife's name her family is in central Java but all the properties are in Sumatra (South and North), so no problem to do it it Java ya? (obviously when they were purchased her parents used Notoris in area of property)

 

[William King]

Welcome Mick.

 

[dafluff]

Also while I'm asking, does it matter where we go for Notoris to swap property in wife's name her family is in central Java but all the properties are in Sumatra (South and North), so no problem to do it it Java ya? (obviously when they were purchased her parents used Notoris in area of property)

The actual notaris that does the transaction has to be in the province the land is located on. You may get a reference from your notaris in Java for a colleague in Sumatra, and you can do the transaction between them.

 

[Davita]

Thanks guys.

I found the forum with google as i i use to post on the other Expat forum, i remember about a year ago i visited it and saw some notice saying it had split or moved hence how i knew there was a new forum.

BTW Is there any reason why i couldn't put the properties in my Indonesian wife name(Hak milik) and then take a long term lease (Hak sewa) out on the property in my name? (Maybe just on the best property just for some security for me)

Also while I'm asking, does it matter where we go for Notoris to swap property in wife's name her family is in central Java but all the properties are in Sumatra (South and North), so no problem to do it it Java ya? (obviously when they were purchased her parents used Notoris in area of property)

Mick I remember your name from before so welcome back.
I recall that the notary that does any transactions on property must be from the location of the property.

 

[Ruserious]

If anyone has a notary in Jakarta that has done a postnup for this reason can you please pm me the contact details? I agree we Atlantis that it is not a high priority except i wonder what would happen to property owned in wifes name if something happened to her? Would i get the one year to sell it without a pre or postnup? That the only concern as to why i would like to be legal quickly....

 

[mick mentawai]

Okay Thanks guys, looks like inlays and wife will need to some traveling.

 

[john madden]

..... I am yet to meet 1 notaris who ask me my prenup. This is valid for my region but not only. Similar experiences have occurred to friends in Bali, Jawa Timur, Jawa Tengah, DKI JKT, NTT & NTB, Sumatra Utara and Aceh.

Yep same here. Don't make a big deal of it, don't talk about the law about foreigners etc, just get the land into your wife's name before something goes wrong.
Welcome BTW Mick - good to have you join us here again. Any new photos to share?

 

[mick mentawai]

Thank's John, yes i guess i have lots of new photos and stories, i like the idea of the Blog thread i might start one and share some stories and pics.