Separate Wealth and Buying property

Daniel Gomez

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Jul 25, 2019
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20
Prior to getting married we were adviced to have separate wealth. If we did not, we would only be able to buy land/proerty but not sell it.


When we asked the civil office, he said that the paper work for separate wealth could be done after we got married. He said that there were new laws.


Would like to know if this is true, and how to go about having separate wealth after already being married. Thank you for all the help.
 

scouser59

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Ya you need to get a post nup , I hear the cost is around 3 to 5 juta as quoted on forums ,at a notaris .
 

make_batik_great_again

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Nov 27, 2019
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I also have a question related to this topic; so I post it here instead of creating a separate thread :)
A friend of mine had a prenup when she married her husband. She told me that, within the registration of their marriage, the prenup number (I guess, she meant some kind of identification number of the prenup) had to be registered. Therefore, the prenup number is part of the data which was collected within the registration of the marriage.

I wonder how this works if a couple that is already married and whose marriage in Indonesia is registered decides at a later time that they want to have a postnup. Since the marriage has already been registered when no pre/postnup was existing yet, the collected data regarding the marriage does not consist of the postnup number (since there was no pre/postnup when marriage was registered).

In case of postnup: Is it possible to add the postnup number later to the data regarding the marriage or is this information not really needed within the marriage registration data? The latter would make sense to me since the pre/postnup is basically only relevant for the married couple. But I am not sure if it is mandatory to have the postnup number registered.
 

jstar

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I think you worry a bit too much. Normally the KUA or Catalan Sipil will make a note on the marriage book’s last page or marriage certificate. (Depending in your type of wedding of course.) And that will have a unique registration provided by -and thus identifying- the document from the notary.
 

takeshi

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Feb 13, 2020
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I have married my Indonesian wife, but we did n’t have a property separation agreement before marriage. Can I still have a property separation agreement after marriage? Is it the same?

What should I do? Who should I call? How to make that agreement? Please
Thank you
 

make_batik_great_again

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I have married my Indonesian wife, but we did n’t have a property separation agreement before marriage. Can I still have a property separation agreement after marriage? Is it the same?

What should I do? Who should I call? How to make that agreement? Please
Thank you
Yes, that is possible. This kind of agreement is called postnup ("post" because it was arranged after the marriage). You will need a notary who will set up this postnup. Usually, notaries have a "draft" of pre- or postnups which can be edited then if you have some individual determinations that you want to include into the postnup.

It seems that not every notary already knows about the possibility and the legality of postnups since it is not so long ago that postnup became legal in Indonesia (before, only prenup (agreement before marriage) was allowed). But if your notary does not know about postnup, you would probably want to look for a notary who is better informed / up-to-date.
 

takeshi

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Yes, that is possible. This kind of agreement is called postnup ("post" because it was arranged after the marriage). You will need a notary who will set up this postnup. Usually, notaries have a "draft" of pre- or postnups which can be edited then if you have some individual determinations that you want to include into the postnup.

It seems that not every notary already knows about the possibility and the legality of postnups since it is not so long ago that postnup became legal in Indonesia (before, only prenup (agreement before marriage) was allowed). But if your notary does not know about postnup, you would probably want to look for a notary who is better informed / up-to-date.
Thank you for your reply, sir

If I find a notary and complete the notary, is the agreement legally legal? Should I submit to a government ?
 

make_batik_great_again

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Thank you for your reply, sir

If I find a notary and complete the notary, is the agreement legally legal? Should I submit to a government ?
Yes, you will need to register the postnup at the capil. This is also necessary if your wife plans to buy land. Then you need a postnup that is registered at the capil.
 

blackred44

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Apr 23, 2020
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Finding one notary who willing to do the post-nup is a bit challenging (at least in Jakarta area). Our family notary even reluctant to do this for us, as she said the regulation is still fairly new and they just do not wanna take the risk (this puzzled but many are like this). I had to look up the official list of the notary and call them one by one to see if they are up to take the request. I found some notary that willing to do the case, it cost about 5mil IDR.

Feel free to DM for the notary name if you need it.

Also about property ownership, any Indonesian nationality who marry foreigner, without having pre-nup or post-nup will not be able to buy or sell property, business, as the government find out they could seize your property (this is what my family notary says) lol
 

make_batik_great_again

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Finding one notary who willing to do the post-nup is a bit challenging (at least in Jakarta area). Our family notary even reluctant to do this for us, as she said the regulation is still fairly new and they just do not wanna take the risk (this puzzled but many are like this). I had to look up the official list of the notary and call them one by one to see if they are up to take the request. I found some notary that willing to do the case, it cost about 5mil IDR.

Feel free to DM for the notary name if you need it.
I am a bit surprised that it is such an issue in Jakarta. On Lombok, it was easy to find a notary for arranging a post-nup. And it costed us only 1 juta.

But I also heard of prices from 3 to 5 juta...and Jakarta probably is just a bit more expensive, so probably no need for you to feel ripped off :)

In my experience it is helpful to ask in forums or facebook groups for recommendations of notaries etc. in your specific area. Can save you a lot of time and trouble and I find people very helpful and supportive regarding those issues.
 

scouser59

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I am a bit surprised that it is such an issue in Jakarta. On Lombok, it was easy to find a notary for arranging a post-nup. And it costed us only 1 juta.

But I also heard of prices from 3 to 5 juta...and Jakarta probably is just a bit more expensive, so probably no need for you to feel ripped off :)

In my experience it is helpful to ask in forums or facebook groups for recommendations of notaries etc. in your specific area. Can save you a lot of time and trouble and I find people very helpful and supportive regarding those issues.
Hi we have just processed a post nup in bali , did you also have to register it in court ?
thanks
 

centurion

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You have to register your postnup where you have married. Muslim marriage in KUA, non-muslim and marriage abroad in Catatan Sipil.
 

make_batik_great_again

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Hi we have just processed a post nup in bali , did you also have to register it in court ?
thanks
Sorry that I did not respond earlier. I have not been that active here the past weeks. In our case, it was like centurion described: No registration in court needed, we registered in catatan sipil. In our case: married abroad.
 

scouser59

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Sorry that I did not respond earlier. I have not been that active here the past weeks. In our case, it was like centurion described: No registration in court needed, we registered in catatan sipil. In our case: married abroad.
Yap thats what I thought ,but our notaris registered it in court ,it would seem now the relevant government offices are now linked .
 

centurion

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Yap thats what I thought ,but our notaris registered it in court ,it would seem now the relevant government offices are now linked .
They are not linked, registration in Catatan Sipil or KUA is obligatory, otherwise, the postnup is not valid.
 

Mamat

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May 14, 2020
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One thing for sure, For the last few years, prenup is mandatory when you register to KUA for marriage. My wife is a Notaris, and has been doing this for a while.
Basically, when you plan your marriage in Indonesia, you need to provide a prenup to KUA or civil registry, depends on where the marriage is registered. If you don't have prenup, now is possible to do a postnup. The postnup need to be registered in court and KUA/civil registry. The relevant government offices now already linked, because now they have proper regulation from the government.

To conclude, for mixed marriage in Indonesia, it is very important to have prenup/postnup, to make it possible to sell/purchase property, for someone who has a foreigner as spouse.

Hope this help.
 

make_batik_great_again

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The postnup need to be registered in court and KUA/civil registry.
Do you mean "and" or "or"? Because all notaries we met told us it is sufficient to register at catatan sipil. There was no need to register in court as well. Maybe since they are linked nowadays, registration at catatan sipil is sufficient?
 

Helpful Herbert

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We registered our prenup in the South Jakarta district court (pengadilan negeri), but were told by the notaris it was optional but recommended. This was a few years ago. The prenup has a stamp from the district court that says "akta ini telah didaftarkan dalam register untuk itu yang berada di kepaniteraan pengadilan negeri jakarta selatan dibawah". Our prenup has been allocated a reference number within the court's records, and they have a full copy of it. It was also registered at the Catatan Sipil but I don't recall if they took a copy of the whole thing or just noted the reference number.

The only reason I can think of why the court registration could be useful is if we lost our copy, and the notary lost her copy, then at least at the district court they have a copy.
 
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centurion

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Do you mean "and" or "or"? Because all notaries we met told us it is sufficient to register at catatan sipil. There was no need to register in court as well. Maybe since they are linked nowadays, registration at catatan sipil is sufficient?
You have to register your postnup where your marriage has been registered. If the marriage was muslim, in KUA. If the marriage was non-muslim or it was abroad, it should be registered in Catatan Sipil. Courts do not register contracts anymore and stopped decades ago, and they would refuse to do so if you ask them to do a contract registration.
 

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