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Prenuptial Agreement Meaning in Indonesia

A prenuptial agreement, also known as a prenup, is a legal contract signed by a couple before they get married. This document outlines how the couple`s assets and debts will be divided in the event of a divorce or separation. In Indonesia, prenuptial agreements are becoming more common as more people seek to protect their personal financial interests.

The prenuptial agreement meaning in Indonesia is slightly different compared to prenups in other countries. In Indonesia, a prenuptial agreement is called a “Pernikahan Campur” or mixed marriage agreement. This is because Indonesia recognizes two types of marriages: religious and civil. Religious marriages are conducted according to the customs and beliefs of the religion followed by the couple, while civil marriages are conducted in a court of law.

For couples who are entering into a mixed marriage, a prenuptial agreement is highly recommended. This is because in the absence of a prenup, Indonesia`s marriage laws automatically apply. These laws dictate that any property acquired during the marriage is considered joint property and will be divided equally between the couple in the event of a divorce or separation. This includes any property that one spouse may have inherited or owned prior to the marriage.

A prenuptial agreement in Indonesia must be signed in the presence of a public notary and registered with the relevant civil registry office. Both parties must agree on the terms outlined in the agreement and the document must meet certain legal requirements to be enforceable. The agreement should cover all assets and liabilities, including properties, bank accounts, investments, and debts. It should also outline the division of assets in the event of a divorce or separation.

One important thing to note is that a prenuptial agreement in Indonesia cannot include any provisions that are considered contrary to public order and morals or violate the principles of family law. For example, a prenup cannot waive a spouse`s right to maintenance or child support.

In summary, a prenuptial agreement in Indonesia is a legal document designed to protect the personal financial interests of couples who are entering into a mixed marriage. It is highly recommended for couples who want to ensure that their assets and debts are protected in the event of a divorce or separation. Couples should seek the advice of a qualified lawyer when drafting a prenup to ensure that their agreement meets all legal requirements and is enforceable.

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