Premarital Agreement in Indonesia

Premarital agreement Indonesia

PREMARITAL OR PRENUPTIAL AGREEMENT

Premarital agreement or a prenuptial agreement means an agreement made between both party that about to held their marriage. Generally, a premarital or the prenuptial agreement would be tailored in order to suit the legal interests of both party in regards to their separate property.

 

Under Indonesian law, a premarital agreement is governed on article 29 of The 1974 Indonesian Marriage Law "During or prior the marriage is performed, both party can drawn an agreement which is legalized by the Indonesian marriage registrar ..."

 

The law also stipulates that the Indonesian premarital agreement must not violate or drawn against any provisions of the state or the religious law, or the agreement could not be legalized and will be considered as not legally enforceable.

 

In Indonesia, the legal statute concerning a prenuptial agreement comes from The Indonesian civil code that states "By incorporating a prenuptial agreement, a prospective husband and wife may reserves the right to deviations from the laws of unity property, for as long as the said agreement does not violate general ethics and public deontology"

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