Monday, 19 February 2018 11:31

Postnup: A New Phenomenon in Indonesia

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The postnuptial agreement is legal in Indonesia. Some people said it’s not. How can you tell if your posnup, if you decided to have one, legally valid? The laws in Indonesia, like any laws in other countries, keep up with the developments in our society.

Something that may not be recognized ten years ago, it may be something familiar these days. So, if you insist that the postnup is not legal, you may be an old timer in this field. You should look around and get to dig here and there just to make sure you keep-up with the current affairs in the field of family and matrimonial laws in Indonesia. Postnuptial agreement is a new phenomenon in Indonesia.

Postnup gets its popularity because married couples need it badly, especially those who did not have a prenup. Postnup can save their marriage. Getting a postnup for the married couple is a smart solution, instead of getting a back-dated prenup. You can always find some geek, if the price is right, who can give you a back-dated prenup. A clean and pristine document saying that you have had a separation of property regime in your marriage. Perfect! Is it?

Well, here’s the catch. The prenup needs court registration. Now that you have a back-dated prenup, you need to have a back-dated court registration. Once you lie, you must keep lying to cover it up. Court registration for such document like a prenup gets to roll everyday. They will not be able to supply you with a back-dated court registration. The only thing they can give you is an actual one. This is non-negotiable. So, a back-dated prenup with an actual date of court registration? Yeah right, Einstein! Why bother registering with the court? A guy came to me and he said their prenup was rejected by the bank. Well, I know why. Without court registration, it’s not applicable to third parties. The bank is one of the third parties to your prenup. What does that mean? It means your back-dated prenup, without the court registration, is not applicable to the bank as the financier. It’s the last thing they want. It’s the last thing you want too. So, why waste time and money getting a back-dated prenup? Therefore, I believe the postnup is the ultimate legal solution for married couple who didn’t have any prenup prior to their marriage in Indonesia.

As long as the parties in the postnup is not feel intimidated, in the legal age, the contents of the postnup are legally permissible, and are among other things that indicate the postnup is legal. The recognition comes from Indonesian government agencies that deal with property title transfer between the buyer and the seller such as BPN (land registry), notary, bank, etc. When you don’t have any problem with them, by then you will know that your postnup is legally valid in Indonesia.

I certainly understand that something new might not familiar to everyone. You may not feel comfortable with it. That’s why you must do it the right way. Getting a postnup is not only about doing the right thing, but you need to make sure that you’re doing it the right way. You need to do it with a highly experienced Indonesian lawyer that can guide you through the limbo of the legal system in Indonesia. 

I am Asep Wijaya. Thank you for visiting my blog, and reading my posts.


Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us!


The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found within this article nor in this website.

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