What is the status of your property in Indonesia in your mixed marriage after conducting the postnuptial agreement? Find out here. One of the problems that may arise in the mixed marriage is about the property ownership. Based on the law in Indonesia, Indonesians who have the mixed marriage to the foreign spouses will lose the right of ownership of the properties in Indonesia. To overcome this problem, you can make the prenuptial agreement before the officiation of the marriage. However, if you are now married to a foreigner and do not sign a prenuptial agreement yet, you can sign a postnuptial agreement. Here are the overviews of the law related to the property of the mixed marriage in Indonesia and the postnuptial agreement as the solution for this mixed-marriage. What Regulations do Cover the Property in the Mixed Marriage in Indonesia? Here are the following regulations that adjust the properties in Indonesia. 1. The Law of the Republic of Indonesia, number 1 of the year 1974 on marriage, article 35, section 1. Article 35, section 1 states that a person can retain all assets obtained before marriage or assets inherited during the marriage. From this article, it is concluded that your property you get after the marriage will be the community property, and it should be divided equally when the divorce occurs. 2. Act No.5 of 1960 Concerning Basic Regulations on Agrarian Principles, article 21, section 1, states that only an Indonesian citizen may have rights of ownership. You deserve to own the land in Indonesia since you are an Indonesian. 3. Article 21, section 3, states that any foreigner, who, after the coming into force this act has obtained the right of ownership through inheritance, without a will or through communal marital property and any Indonesian citizen too, having the right of ownership and losing nationality after the coming into force of this law, are obliged to relinquish that right of after losing that nationality. If after the expiry of that period of the right of ownership is not relinquished, then it becomes invalid by the provision that the right of other parties, incumbent hereon, endure. 4. Based on Article 21 section 3 above, you don’t have the right to have the property in Indonesia if you have the mixed marriage. The property that you have after marriage will be neutralized as the communal property. You can transfer the right of ownership to one of your family members or sell the property within a year, or the consequence is your property will belong to the government. What is Postnuptial Agreement? Postnuptial agreement aka post-marital agreement is an agreement that is signed after the marriage. The contents of the postnuptial agreement can cover the property separation because of divorce or death, the intention of purchasing property in Indonesia, and many more. What regulation does Cover Postnuptial Agreement? Since 2015, the law of Indonesia has allowed the mixed marriage couple to sign the postnuptial agreement. The Constitutional Court declares it in the Decision No.69/PUU-XIII/2015, that marriage agreement cannot only be made before or by the time when the wedding took place, but it also can be made along the marriage of spouse. This law has been modified in 2016 and clarified again in 2017. Based on the regulation above, you can apply for the postnuptial agreement if there is no prior prenuptial agreement and should be legalized by the notary and reported to the marriage registrar. By having the postnuptial agreement, you can still have the right to own and purchase the property in Indonesia. Why do you Need to Sign the Postnuptial Agreement in the Mixed Marriage? The postnuptial agreement will be useful for the mixed-marriage couple especially related to preserving the property. You can create the property separation in the mixed-marriage legally and have the right to own or purchase the property in Indonesia after the marriage. By signing the postnuptial agreement, you still have the right to conduct the property transaction in Indonesia and own it.
3 Comments
6/9/2022 07:53:17 am
Based on the regulation above, you can apply for the postnuptial agreement if there is no prior prenuptial agreement Thank you, amazing post!
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6/9/2022 08:46:13 am
The contents of the postnuptial agreement can cover the property separation because of divorce I’m so thankful for your helpful post!
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