Guide to Incorporate a Prenuptial Agreement in Indonesia

Most people think of marriage as the ultimate emotional and spiritual bond. They are looking forward to a life of happiness. However when faced with negotiating a premarital agreement, they realize that not only do they have to decide what will happen to them if they divorce or when die, but that they also have to negotiate these issues with their fiancée. It’s not the types of subjects that an about to be married couple likes to think about prior to getting married.

Prenuptial Agreement in Indonesia

The assets of both husband and wife are jointly owned after marriage and each partner is entitled to 50 percent of the estate. If a foreigner wishes to protect assets that predate the marriage, a prenuptial agreement (Surat Pernyataan Harta) is required. A prenuptial agreement must be made before getting married and it cannot be made retroactively. The agreement is legalised at the same time the marriage is registered with the local Civil Registration Office (Kantor Catatan Sipil) and the Office of Religious Affairs (Kantor Urusan Agama).