Have you ever heard the term prenuptial agreement? Yup, if KH Friend wants to get married, it turns out that it is important to make this one agreement. Many people ask, “Why do you want to get married using all the agreements anyway? The intention is to separate, huh?” Shh, in fact the purpose of this pre-marital agreement is actually not for that, but to protect you and your partner later. So, what exactly is a pre-nuptial agreement and what is its importance in marriage? So that you don’t misunderstand, let’s see the explanation until the end, friends!
What is a pre-nuptial agreement?
A prenuptial agreement is an agreement made before the marriage takes place and is binding on both parties to the prospective bride and groom who are getting married. The prenuptial agreement is official and binding. In Indonesia itself, this agreement has received legal protection from the government and is contained in Law (UU) No. 1/1874 regarding marriage. The pre-nuptial agreement regulates several things that can be agreed upon, among others:
- Separation of assets before marriage, whether the assets obtained from each other’s efforts or from grants or inheritance, so that they do not mix.
- Debts owed before marriage remain the responsibility of each person or are jointly borne with certain limitations.
- The wife’s right and authority to manage her personal property, both movable and immovable, or from other sources.
In addition, a pre-nuptial agreement can also contain the rights and obligations of husband and wife after the marriage takes place, to child custody in the event of divorce. Whatever the contents that will be stated in the pre-marital agreement later, the important thing is that this agreement must be agreed upon jointly by KH Friend and partner without coercion.
What is the Importance of Making a Pre-Nuptial Agreement?
Whether or not a pre-nuptial agreement is necessary comes down to individual awareness. In fact, a pre-nuptial agreement can help KH pals and partners to be more open with each other. Before you are mentally prepared to face a household with all its challenges, making a pre-nuptial agreement will actually help you and your partner in the future. In fact, in many cases, pre-nuptial agreements also protect couples and children. In addition, there are several other benefits of making a pre-nuptial agreement, including:
- Knowing your partner’s financial condition
- Protects wealth as debts become the responsibility of each party
- Prevent divorce
- Easily unify visions and missions, even trivial things like the division of household chores
- Ensure financial security after marriage
- Can protect a wife’s rights if her spouse is polygamous
Can you make a pre-nuptial agreement after marriage?
Maybe KH pals are wondering, what about couples who have already gotten married, can they still make a pre-nuptial agreement? Yes, a pre-nuptial agreement, as the name suggests, is ideally made before the marriage takes place. However, since the issuance of Constitutional Court Decision No 69/2015, this agreement is now no longer interpreted as an agreement made before marriage (prenuptial agreement), but can also be made after the marriage (postnuptial agreement).
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Every couple wants their marriage to run smoothly and happily. However, making a pre-nuptial agreement is worth considering as an anticipation of conflict over property, if something unwanted should happen in the future. So, if Friend KH and your partner really love each other and are sincere, there should be nothing to worry about making this agreement. No need to get carried away and offended, because this is also important for your future. For KH pals who want to make a pre-marital agreement, you can leave it to Kontrak Hukum. We provide services for making pre-nuptial agreements, from drafting to notarization.
READ ALSO: Can a Pre-nuptial Agreement be Made After the Marriage?
For ordering information, please visit this page. Or if you still have questions or consultations about pre-nuptial agreements, you can contact us at Tanya KH and via social media Instagram @kontrakhukum.
