Recently, the public was enlivened by a case of infidelity involving the vocalist of the Indonesian band Last Child, Virgoun. Also revealed was the agreement letter that Virgoun had written and signed with his wife, Inara Rusli, regarding what Virgoun would do if he committed the act of infidelity again. The agreement was made by Virgoun because he had been caught having an affair in 2021. In the agreement letter, Virgoun stated that he was ready to be processed by Islamic Law and Indonesian law according to Article 284, to divorce Inara Rusli and hand over custody of the child to Inara. Not only that, Virgoun also promised to provide IDR 40 million per month to his family. However, what raises the question is, can agreements between married couples be kept, or can they even harm the wife? Here’s the explanation.
A look at the agreement between Virgoun and his wife
The agreement between Virgoun and Inara may be valid if it meets the requirements as stated in Article 1320 of the Civil Code. However, if the agreement is made under the hand without notarization, then the agreement may be legally weak. It is possible for one of the parties to disregard this agreement and not fulfill its obligations. If this happens, the claimant may be challenged to provide evidence, the process may take a long time, and ultimately financial losses may be incurred by either party. Therefore, the presence of a notary, who is an extension of the state, can certainly strengthen the agreement made by both partners.
The Importance of Prenuptial and Postnuptial Agreements
Now, we know the validity of the agreement made between Virgoun and Inara regarding the case that befell their household. However, apart from the case itself, there are interesting things that must be considered by all parties, namely about premarital and post-marital agreements. Although it is still considered taboo by people in Indonesia, over time, many people have begun to understand the importance of making pre and post-marriage agreements. This agreement is important to protect both parties from the risks of marriage that may occur in the future. Not only does it serve to clarify the separation of property in the event of divorce, but it also serves to regulate the rights and obligations of each during marriage. A prenuptial agreement is a legal document made by a couple before marriage, which contains an agreement on how property will be divided in the event of divorce or the death of one of the spouses. Basically, a prenuptial agreement can help couples to organize their finances before marriage and avoid conflicts that may occur in the event of divorce or death of one of the spouses. This agreement can also cover issues such as child custody and financial obligations after a divorce. In addition to prenuptial agreements, there are also post-nuptial agreements. These two agreements are actually no different and both regulate the separation of assets between spouses as well as other agreements, it’s just that the timing is different. As the name implies, a post-marital agreement is made after the marriage has taken place. This has also been regulated in the Constitutional Court Decision No. 69/PUU-XIII/2015. When a couple agrees to make this agreement, it is not only legalized by a notary, but also recorded by the religious affairs office (JUA) officer or the Population and Civil Registration Office. Therefore, any couple who wants to ensure their rights are protected and prevent future disputes, may consider making a prenuptial agreement, even if the assets owned are insignificant.
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However, if a marriage has already taken place, it is also possible to make a post-nuptial agreement. Moreover, this post-nuptial agreement can be a solution to problems that often arise in marriage, especially when it comes to the issue of joint property.
KH Contact
Pre and post-nuptial agreements can help to better plan a couple’s future and resolve potential problems before they occur, such as infidelity or divorce. However, it is important to remember that pre and post-nuptial agreements should be carefully drafted and carefully considered before signing. Couples who wish to enter into these agreements should seek the assistance of a lawyer or legal expert to help create a customized and legally valid agreement. One of the experts that can be trusted as a solution for making pre and post-nuptial agreements is Kontrak Hukum. As a trusted digital legal platform in Indonesia, we provide services for making pre and post marriage agreements, including notarized agreement deeds. For ordering information, please visit this page. Or if you have questions about other types of agreements, you can also contact us at Tanya KH or via social media Instagram @kontrakhukum.
