An agreement between husband and wife is often an important step to maintain the rights and obligations of each party in domestic life.
These agreements can be made either before the marriage, known as prenuptial agreements, or after the marriage, known as post-marital agreements.
These two types of agreements serve as a form of agreement between husband and wife regarding joint property, responsibilities, and other aspects of marriage, with the aim of creating transparency and avoiding conflict in the future.
Then, what is the legal force? Is this agreement really binding and can be used as a reference in the event of a dispute between husband and wife? Check out the full explanation in the following article.
Overview of the Marriage Agreement
Article 119 of the Civil Code states that marriage essentially causes the mixing and union of the assets of the married couple, unless the married couple makes a marriage agreement regulating the separation of assets.
Then, in Article 35 of Law No. 1/1974 concerning Marriage, it is explained that by making a marriage agreement, husband and wife candidates can deviate from the statutory regulations regarding the provisions of joint property as long as these provisions do not conflict with morals or public order.
Couples enter into these marital agreements solely to safeguard their business interests and respect the dignity of each party. Marital agreements ensure that couples who marry are not doing so for wealth.
However, if both partners are already married and want to make a marriage agreement, they can make a post-marriage agreement.
This post-marital agreement has the same purpose as a prenuptial agreement, the only difference is the time it is made.
Couples make a postnuptial agreement after the marriage, as stated in Constitutional Court Decision No. 69/PUU-XIII/2015.
What is the Legal Power of a Marriage Agreement?
The legal force of a marriage agreement is highly dependent on the fulfillment of the terms and conditions listed in Article 1320 of the Civil Code.
To be legally valid, an agreement must fulfill the following four conditions:
- Agreement of the parties
- Capacity to enter into an agreement
- The existence of the object of the agreement
- A lawful cause
In addition to fulfilling these conditions, the agreement between husband and wife also needs to be legalized by a notary.
Notaries are present as an extension of the state to strengthen the legality of the agreement that husband and wife make in their agreement letter. With notarial attestation, the parties obtain assurance that they have verified the agreement and declared it in accordance with applicable legal regulations. If a couple only makes a marriage agreement under the hand without notary validation, the legal force of the agreement may be weak.
Therefore, it is important for couples to ensure that the marriage agreement is notarized so that it has a stronger and more binding legal force.
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Notary validation makes prenuptial and postnuptial agreements legally binding, making it difficult for either party to renege on the agreement. Need help making a legally valid agreement? Contact Kontrak Hukum now!
We provide prenuptial and post-nuptial agreement services for only Rp3 million.
For ordering information, please visit KH Services – Pre-Nuptial & Post-Nuptial Agreements.
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