A pre-nuptial agreement is an agreement made by a prospective husband and wife before entering into a marriage. This agreement contains all matters relating to marriage such as ownership of property, division of responsibilities, and agreements in the event of divorce. Although it is not commonly used in Indonesia, this pre-nuptial agreement has an important function. Well, in this article, we will discuss the sundries of pre-nuptial agreements, especially for KH Pals who are getting married. Come on, see the article until the end!
Definition of Pre-Marital Agreement
A prenuptial agreement is a written agreement made by the bride and groom before the marriage. Not only in Indonesia, prenuptial agreements have been widely implemented in many countries such as the United States (US), the Netherlands, Canada, and so on. A pre-nuptial agreement can be said to be a joint contract to protect large amounts of assets or assets owned by each party. Not only that, this agreement also aims to ensure financial well-being and regulate the responsibilities of each individual during marriage. The presence of a pre-nuptial agreement is also important in the event of unexpected events such as divorce or death. Indeed, every couple hopes for a harmonious life, but we don’t know what can happen in the future. For this reason, having a joint agreement at the beginning can be an effort to prevent disputes.
Legal Basis for Pre-Marital Agreements in Indonesia
A pre-nuptial agreement is a letter that is official and binding. In Indonesia itself, this agreement has received protection and support from the government legally and is contained in Law (UU) No. 1 of 1974 concerning marriage. The article also regulates several important points including:
1. Marital Agreement
This agreement is made to agree on all the rules regarding responsibilities and joint property. In it there are several things that must be considered such as:
- It is not allowed to contain the element of relinquishing rights over the inheritance of the people who inherited it
- The agreement does not contain any deviation from the rights arising from the husband’s or parent’s authority.
- Not allowed to violate the norms of decency and public order
- There shall be no agreement that one party will pay more than its share of the debt.
- The agreement cannot be governed by foreign law
2. Separation of Property
Separation of property between husband and wife can occur if there is a condition where:
- Husband does not behave well by using joint property extravagantly only for personal interests
- Wife does not get proper maintenance rights from husband
- The existence of negligence in managing joint assets that has the potential to cause loss
Function of Pre-Marital Agreement
Basically, a pre-nuptial agreement is not mandatory for every couple. However, some couples decide to enter into a pre-nuptial agreement by considering the following functions:
- Clarifying the separation of property rights between husband and wife
- Protecting each individual from the burden of debt. This is so that the husband’s debts are not imposed on the wife and vice versa.
- As a prevention of disputes in the event of divorce
- Clarifying the division of property for his children in the future
- Clarifying the respective responsibilities between husband and wife
Contents of Pre-nuptial Agreement
As explained, a pre-nuptial agreement is very important to be made before KH Friend gets married in order to clarify the obligations of the rights of husband and wife. If you are still confused about what things to include, here we will provide the contents of the pre-marital agreement:
Assets and Debts
In a pre-nuptial agreement, the division of property is clear for both husband and wife. For couples whose income does not want to be combined or the determination of property after the marriage ends due to death or divorce, it can also be clearly regulated in the agreement.
Husband and Wife Requirements
A pre-nuptial agreement also regulates the obligations and rights of the husband and wife after the marriage takes place. You and your partner can write all your wishes for your family in this agreement.
Responsibility towards children
A pre-nuptial agreement will also govern child custody in the event of divorce. Under the law, if the husband has an extramarital affair, custody of children under the age of 12 will go to the wife.
However, if the wife commits infidelity and there is no prenuptial agreement, the husband is unable to do anything. Therefore, a prenuptial agreement needs to be made to clearly regulate custody if both parties have an affair, not only from the husband’s side.
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. This agreement will also be a reminder of the commitment that has been agreed upon. However, a pre-nuptial agreement is also not always necessarily a means of divorce in the event of a violation of the contents, because it can be discussed first.
How to make a pre-nuptial agreement
The process of making a prenuptial agreement does not only involve the couple. But KH Friend also needs to visit a notary to register it with the Civil Registry Institution. Check out how to make a pre-nuptial agreement below.
Make a list of agreements with your partner
The first thing to do to create a pre-nuptial agreement is to make a list of agreements. As mentioned above, these agreements can relate to assets and debts, responsibility for children, and the rights and obligations of each party.
Come to the Notary Office
After the list of agreements is made, come to the notary office to draw up a letter of agreement in accordance with the applicable official provisions. Then the agreement letter is legalized into a deed.
Submit the Deed to the KUA or Civil Registry Institution
Once a valid agreement has been drawn up, take the document to the KUA or Civil Registry Agency to be registered before the wedding takes place. Since this process is quite time-consuming, try to make the agreement and submit it to the KUA in advance.
Aspects of a Pre-nuptial Agreement
Considering that this agreement will be a guideline during the marriage, KH pals should consider important aspects that need to be considered in the process of making it. These aspects include:
Openness
A good pre-nuptial agreement should be based on openness between the couple. Don’t hesitate to say things that you think need to be agreed upon.
Willingness
In addition to openness, the formation of a good pre-marital agreement also requires a feeling of mutual consent between spouses. Given that this agreement will be legally bound and cannot be violated, each party must be willing to what is stated in it so that there is no household friction.
Objectivity
In making a pre-nuptial agreement, objective views and thoughts are required. The things agreed in it are not allowed to harm one of the parties. That’s the discussion about the sundries of a pre-nuptial agreement, starting from understanding, legal basis, functions, contents, to how to make it. Hopefully it can be a guide for KH Friend before stepping into marriage, huh!
KH Contact
If you and your spouse have agreed to create rights and obligations, children’s responsibilities, and separation of property in marriage, then there is nothing wrong if the agreement is contained in a pre-nuptial agreement. To make it, KH Friend can use the services of Legal Contract services. No need to worry, with only an estimated time of three working days, this service already includes a pre-nuptial agreement deed.
READ ALSO: Can a Pre-nuptial Agreement be Made After the Marriage?
For information about services and reservations, please visit the pagehttps://kontrakhukum.com/semua-layanan/ If you have questions about other legal needs, KH Friends can contact us at the following link Ask KH or via social media Instagram @kontrakhukum.
