Displaying items by tag: Marriage Contract in Indonesia

Getting marry is going to be the best decision you'll ever made. It is a simple decision with the a future lying ahead of you. They said the marriage is the foundation to everything in your life, among other, property. Both husband and wife are to have joint property ownership after the marriage, if they did not sign anything like a prenuptial agreement. Sometime, you don't get one just because you thought you did not need one. But now, the Constitutional Court revised the Article 29 (1) of the Marriage Law that the marital agreement may be entered as well during the course of marriage. The verdict number 69/PUU-XII/2015 officially created a postnuptial agreement on October 27, 2016 as one of the legal instrument in management of your assets in the marriage. Now, you can have one when you feel you need one.

The ideas behind this decision to officially allow the postnuptial agreement for married couples were to create separation of property and assets between husband and wife. Their separate assets are protected. No drama in fighting for property division. The same idea also applicable to debts. Husband and wife shall responsible for debts they created. The postnup therefore shall create separation of liability during the course of marriage. Furthermore, no consent is required from each of the party in the marriage in the event they want to sell their own separate assets. As for loan application with the bank, neither party is required to obtain consent from their spouse in putting their separate assets as a mortgage. In view of the above, the court wants both parties are totally independent in managing their assets. This is a fine legal reasoning. The Constitutional Court, they keep-up with the contemporary developments within the society in Indonesia. Awesome!

The validity of the postnup shall be initiated as soon as you’ve signed it. It is applicable since you entered it, and it is advisable not retroactively backward. It is applicable on actual date. This is to avoid any conflict of interests with any third party, because since the marriage date the couple might have been created jointly owned marital assets. It is very difficult to differentiate which property belongs to separate or joint property. You may potentially jeopardize the third party’s interests such as banks, and other investors in your marital assets. If you should retroactively draw the postnup back to the marriage date, at least you need to have the properties included into the exhibit and make sure they are mortgage-free. Apart from the ones listed in the exhibit, they belong to both of them. The couple is to have equal shares. This will also include the creditor(s) having a portion in the unlisted properties for the part that a mortgage has been put under. You may want to contact me here to discuss any further about this matter. At Wijaya & Co, we always pay attention to details of our client’s case. 

The postnup created under the verdict from the Constitutional Court has potential challengeable issues. The verdict put a notary as the party that legalize the postnup. According to the civil law procedures doctrines, this is not a proper ruling. They put the role of a notary to substitute the authority of a judge. You see, having a prenup and not having a prenup is a big deal, because it creates a property separation during the course of marriage. This situation is full of potential issues because when you're having a property, whether you like it or not, it involves other third party(ies) too, not just you and your spouse. The other third party such as bank as the lender if the property under mortgage, the government through the BPN (Badan Pertanahan National/National Land Registry), and other party that may have interest in your assets acquired during the marriage. At Wijaya & Co., we always pay attention to our clients' details and therefore issues are identified before they become potential hiccoughs. 

By having a notary legalizes a postnup, they are driven to declare some new legal situation. Last time I checked, this is the domain of a court through their legal instruments i.e. court decree. They called it a Declaratory Verdict. It creates a new legal facts, a new situation. For instance, declaring from joint property ownership to separation of ownership. As far as I concern, the court have a very established sets of law in civil procedures. Before finally reaching the verdict, the court must conduct a cross examination. This is a very important phase in civil legal system. If you were not happy with the verdict, you may file an appeal to the higher court within 14 (fourteen) days since the date the verdict reached. If there was nothing within that set of time-frame, the court finds that you are happy with the verdict, and everybody can get on with their lives. Your Indonesian attorney may proceed to draft a postnup for you.

You can't have those situations if a notary is to legalise the postnup. The convert from joint property to separate property, is not legally assessed with substantial rule of evidence, like the one they're doing it at a court proceeding. If one of the spouses was not happy, or seek any potential leeway that may benefit them in a divorce case, they might want to revoke the prenup. I would say they may be able to do that. Therefore, the postnup as its final outcome, is challengeable, and may be voidable. I would suggest you should consider it with full discretion. If your situation is full with substantial marital property, you should decide if any further reasonable action may be taken to secure your interests. Please contact me should you wish to discuss any further about this.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Thursday, 12 September 2019 09:05

Getting Marry in Indonesia

Indonesia, according to the 1974 Marriage Law, the marriage is legal if it is performed according to your religion affiliation. You need to have the same religion with your partner. If you have two different religions, either of you must convert. It sounds awkward, but we find the religion plays important role in the success of your marriage. That’s why the Law requires you to have the same religion marriage. It is imposed by Article 2 (1) of the Marriage Law. So, if you want to do it legally, you need to do it according to your religion. It is either Moslem or Non Moslem.

You need Into perform the marriage and it must be registered with the marriage registry. This is to have a legal recognition to your marriage. You see, the marriage is the foundation of everything in your life. When you’ve decided to get marry, you’ve just made a big decision. You’re starting a new page in your life. If you want to live your life the right way, get your marriage legally registered. It’s the right thing to do. It is imposed by Article 2 (2) of the Marriage Law. The marriage registry will in turn issue marriage license for you. It is the evidence that your marriage has been officially registered.

Furthermore, the Marriage Law imposed more requirements for you before you can perform the marriage. They are:

  1. Consents from both parties. Both of you must love each other. You can’t force your partner to marry you. It takes two to tango!
  2. You need to be old enough to get marry in Indonesia. You need to be at least 21 years old. This is the minimum age requirement. Otherwise, you need to have consent from your parents. 
  3. In the event both parents are no longer complete, for example one of them passed-away or legally incapacitated, consent from either parent is enough. 
  4. In the event both parents are not available, you need consent from your guardian. This guardian must have blood relationship with you. That person can be, among others, your grand-parents, if they still alive. They must also have legal capacity to do so.
  5. You need to get a court order, if there’s dispute between parents, grand-parents, or marriage guardian, in procuring the consent for marriage.

In order to get marry legally in Indonesia, you must submit the Notice of Marriage Intention to the marriage registry. There’s 10 (ten) working days as waiting period. You can get marry after the 10 (ten) days waiting period is over. I mean, you can get marry on the eleventh day. This is imposed by the Government Regulation number 9 of 1975 regarding the Implementation of Marriage Law.

As for supporting documents required to register your marriage are as follows:

  1. If you are a foreigner: copy of your passport, copy of your birth certificate, copy of your divorce decree, photos, and Certificate of Non-Impediment (so called it "CNI") Letter printed on your embassy’s letterhead.
  2. If you are an Indonesian: copy of KTP, family card, birth certificate, N-forms, photos, and original divorce decree and certificate.

A very interesting part about one of the supporting documents, some countries called it "the CNI" (Certificate of Non Impediment), like the US Embassy in Jakarta. But other countries may have different title such "the NOC." It stands for the No Objection Certificate. Both of them serve the same purpose. They certify that you are legally free to marry. The procedures in retrieving them are also varies. This is very interesting as some countries just require you to make an appointment, fill a form, pay a fee.  They will release the form to you, after they took your oath.

Some countries would require you to submit a supporting document from your home country certifying that you are legally free to marry, before they can issue the NOC to you. What's important is that Indonesia's law imposed that either the CNI or the NOC printed on the embassy's letterhead. At least, signed and sealed by the authorized officer at your embassy in Jakarta. Some countries via their embassy even refuse to issue such document for their citizen.  Well, this is the tricky part that you will have to deal with before tying the knot. As the Indonesians said it: "Indah Pada Waktunya." 

In most of the cases, the marriage registry may issue the marriage evidence on the same day of the marriage. The marriage licenses from Indonesia's marriage registries are worldwide recognized. Most major countries such as United States, United Kingdom, Australia, China, and Canada are familiar with Indonesia's marriage documents. I know this when I work with K-3 visa, a spousal visa for the spouse of a U.S. citizen.

So, consider Indonesia as venue of your marriage because getting marry in Indonesia is simple, legal, and hassle-free. Good luck, and welcome aboard!

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

When you're married, you're married. Most people wants the marriage for once in a life time. But at some point, you want to "undo" the decision and "reinstate" the status. From married to single. This is doable with the marriage annulment. Although permitted under strict requirements, the application for marriage annulment must be lodged to the court within the territory of the Republic of Indonesia. This is the procedures to turn the clock around under civil law in Indonesia. This has several legal consequences to your marital status. Shall be go over the rest of them? Read on!

Marriage annulment in Indonesia is a court litigation proceedings, similar with divorce application. It requires litigation skills by lawyers who specialize in civil law, family law or international civil law to assist you to navigate with the sophisticated legal system. The proceeding may be conducted with the same chamber of court other family law cases, but some may not be familiar with the proceedings as this one is one of a kind. 

The application for annulment of marriage must meet the following criterias:

  1. It must be made within six (6) months since the marriage date. They have strict time-frame. If you stay in the marriage for for that six months, they think you're accepting the marriage, and you might enjoy tying the not with your spouse. 
  2. Must be made to the court according to your jurisdiction. They set-out a very strict ruling with the court jurisdiction. This is understandable as the legal system needs to provide legal certainty for those who committed with the sacred bond of matrimony. 

The parties that may apply for the marriage annulment are as follows:

  1. Upper line family members of husband, or wife. They include your parents, your grand parents, etc. 
  2. Husband or wife. They must step forward and tell the truth. After all, this is the life they're about to go through;
  3. The authorized officer before the marriage dissolved;
  4. Any party that has legal interest to the marriage, but only after the marriage has been dissolved. This may be related to the the property acquired during the marriage i.e. mortgage with the bank, etc. This thing make things get complicated. Other third parties may be involved in the marriage because finally they are affected as well;
  5. Any person related to the bride or groom under the marriage relationship. The children of either spouse may be included in this category. They are the person that may be suffer more than anybody else if a marriage turns to sour.

One of the main requirements to conduct the annulment that the marriage must be originally performed and registered in Indonesia. It doesn't matter if it was a Moslem or Non-Moslem marriage. It must be registered and recognised under the Indonesia's Marriage Law. The marriage must have proof of registration from the marriage registry in Indonesia. It doesn't matter your nationality, whether you're an Indonesian or not. 

The court upon receipt of the marriage annulment shall hold a litigation proceedings, and the procedures shall be set-up according to the applicable divorce litigation proceedings. Some pointers that you need to anticipate is that the court may require two (2) witnesses to testify. They need to come to the court and supply the information to the judge. The court will take their oath in order to be used as evidence. This is a substantial part of the case and therefore you must have some family members to be support you if you want to go ahead with the case.

Although, the marriage annulment may reverse your marital status, but it will not, in anyway, take effect to the children born into the marriage, property, debt and other financial consequences. This is according to the Article 28 of the Marriage Law. The annulment of a marriage applicable after the court order legally binding. You see we have 14 (fourteen) days waiting period for you to file for an appeal. If they don’t receive any appeal from either party within that period, the annulment will be legally binding.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Saturday, 08 June 2019 16:16

Why People Like to Get Marry in Indonesia

Marriage in Indonesia is a choice of legality, simplicity, and hassle-free. The reason I put legality first is because the marriage laws protects your marriage, and a little family you raise. The laws require you to perform the marriage according to your religion belief, and recorded at a marriage registry. You need to understand that Indonesia does not recognize only civil marriage. You need to conduct religious ceremony first, before your marriage is legally recognized. In another words, solemnization first, then civil marriage, then reception party.

Bonafide of Your Marriage

The marriage registry in Indonesia will issue marriage license to both you and your spouse as proof that you are legally married. For Moslem couples, they will receive two marriage books. One original copy for each spouse. The colours of the books are brown, and green. They have the same biographic information, and both of them have your pictures too. As for Non-Moslem couples, you will receive two marriage certificates. Each spouse gets one certificate. Both certificates represents the groom and bride information and their picture together. At Wijaya & Co, we always pay attention to details of our client’s case.

The marriage license from Indonesia, both being the marriage book and the marriage certificate are legally recognized worldwide. Major countries like the United States, United Kingdom, China, and some other major European countries recognize and may be able to be used as one of the supporting documents for immigration spousal sponsorship.

Ten (10) Days Waiting Period

In order to obtain legal recognition under the marriage law in Indonesia, you need to allow ten (10) days waiting period. This time frame was meant to give time to the public to recognize you, whether you are legally free to marry or not, You need to meet the marriage requirements in Indonesia, otherwise it is challengable at the court of law. You may face annulment claim by one of the relevant parties. Please see here for further details of how you can avoid your marriage being nullified.

Simplicity

You can perform a marriage in Indonesia with a simple, but yet legal. We cherish a marriage because it is one of the good things in life. If you can show that you are legally free to marry and have no legal impediment why the two of you should wed, our marriage registry will register your marriage and issue a marriage license. One of the most important documents to register your marriage in Indonesia ia Non-Impediment Letter. Some call it Certificate of the Non Impediment ("CNI"). Some event call it Certificate In Lieu of the Non Impediment, because this thing does not exist in a country like Canada. Since they are required to issue one, the issue it anyway.

Please give me a call or drop me an email, should you wish to talk of how I can assist you in any way you need!

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Marriage legalization is applicable to Moslem couples in Indonesia. It is to legalize the marriage previously conducted under religious rites, but not legal according to the state law yet. It may be happened for so many reasons like one of the spouse was ready to make a new commitment with you, but he/she was not legally divorce yet. This can be a burden socially to you, your spouse, and your family. So, you decided to performed the religious marriage. Consuming a marriage life like this is the same thing as if cohabitation. It is the life without legal recognition. The marriage laws in Indonesia are not applicable to you, yet. Not until you legalize the marriage.

Having a marriage legalization means you are legally recognizing the marriage previously conducted. Your official marriage date would be the date you performed the marriage. They may issue you a marriage license and the issuing date of the documents may be recent. That's fine, as it is only to show the issuing date of the documents only. When they do that, your marriage to your spouse is legally registered with the registry database. The marriage law, and family law in Indonesia are applicable normally to you, your spouse, and to your children. This is why the marriage legalization in Indonesia means for you, and your family. At Wijaya & Co, we always pay attention to details of our client’s case.

The thing is, a marriage only legally recognized when it meets two requirements i.e. it is performed according the couple’s religion affiliation, and it must be registered according to the prevailing laws. Article 7 (1) of Compilation of Islamic Law stipulates that a marriage book issued by the marriage registrar is an evidence of a legal marriage. So, the marriage legalization is applicable to the marriage that does not meet this stipulation. It means you can perform the legalization of marriage for getting your marriage registered and issued a marriage book.

There would be no legal protection for the marriage without any registration. The marriage book itself is an evidence that the marriage exists. The registration is protecting your spouse, and children born into your marriage. You see, the marriage is the very basic foundation in your life. As a father, your name will not appear on your child’s birth certificate. Your spouse may not be able to prevail as your next of kin, nor your children. Your assets may not be distributed according to your wishes, and your family may not receive the benefits of your estate. This is the last thing you want.

Article 7 (2) of Compilation of Islamic Law further states that a marriage legalization application may be lodged to the court in the event you’re unable to prove the marriage with a marriage book. The court responsible for your case may have to cross examine all the evidence you submitted together with the witnesses in this matter. There's no guarantee that the court may approve your application, therefore the attempt to legalize the marriage must be done with enough supporting documents, and compliance to the prevailing procedures with the legal system.

The outcome from the proceeding of the marriage legalization in Indonesia will give your spouse, and your children legal protection. Both of them is legally recognized both their rights and obligations according to the laws in Indonesia. Upon completion of the proceedings, your marriage will be recognized, and the court verdict is the proof of your marriage. It consist of some pages of court decision. It may not be practical, but at least it give you protection you and your family need. Please contact me should you wish to discuss any further about this.

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Marriage in Indonesia is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on belief to one and only God. We take marriage a very serious matter. We require both religious and civil marriage to be conducted in order to gain legal recognition. The marriage is legal if you perform the religious marriage before the civil one. We have two types of marriage ceremony in Indonesia i.e. Moslem marriage, and Non-Moslem marriage. Both types of ceremony must go through religious marriage. As for Moslem marriage, they don't require civil registration as it is legally recognized. 

Getting marry in Indonesia is simple, legal, and hassle-free. We encourage people to marry because we think running a marriage is the same thing as if you're  worshiping God. That may be the reason why the require religious marriage comes first before the civil one. Apart from that, there are ten (10) piece of marriage checklist that you must meet with before lodging the notice of intention to get marry. At Wijaya & Co, we always pay attention to details of our client’s case.

Minimum Age to Marry

In September 2019, the Indonesia's parliament passed a bill on revising the 1974 Marriage Law regarding the minimum age to get marry. You must be at least 19 (nineteen) years of age to be able to get marry legally. The minimum age limit applicable both to bride and groom. 

Waiting Period

You must wait at least 10 (ten) days waiting period in order to perform the marriage. This is to meet the publicity requirement. During this period, the marriage registry will publish the notice of the marriage intention to the public to see the if they have any objection to their marriage. Any objection why the two should not be married must be made within this waiting period. Therefore, speak now or forever hold your peace. 

Marriage Registry

Since Indonesia has two types of marriage ceremony, we have also two marriage registries. Office of Religous Affairs (so called "Kantor Urusan Agama" / KUA) for Moslem couples, and Civil Registry for Non-Moslem couples, such as Christian, Buddhist, Hindu, etc. Your marriage registry must have jurisdiction according to your legal domicile. Your actual residence may not be the same with your legal domicile. Therefore, always check your paperworks before lodging any marriage intention.

Legally Free to Marry

You must legally free to marry to your partner. You must supply a certificate of singlehood, if you're single. Your divorce must be absolute, if you're a divorcee. Your divorce certificate must be surrendered in order to get marry and a marriage license will be presented as your new status. If you're a foreigner, you need to supply a certificate of non-impediment letter. It certifies that you are legally free to marry. It must print your name and the name of your fiance(e). 

Bride and Groom

A legal marriage must have a bride and groom to perform the marriage. You must be present during the ceremony. The bride is a female, and the groom must be a male. Indonesia does not recognize same-sex marriage. It is illegal in Indonesia. Straight only!

Witnesses

You must provide at least two (2) witnesses to testify during the marriage. They're must be adult and aged above 19 years of age to be a witnesses. As for Moslem marriage ceremony, the witnesses must be men. They can be either from your family members, common friends, coworker, etc. 

Marriage Guardian

You need a marriage guardian to get marry. You need to have his blessing. If you were to marry in Moslem ceremony, the marriage guardian must meet certain requirements. The guardian is the bride's biological father. If he passed-away, her grand father must replace his place. If both of them are gone, you need her biological brother from the paternity line to replace both of them and perform the ritual of marriage.

Prenuptial Agreement

It is highly recommended to sign a prenuptial agreement before the marriage. It is very useful to secure your financial interests in order to protect your family future from unwanted business risks, preclusion to own property in Indonesia for mixed-marriage couples, etc. Please contact me for further information regarding the prenuptial agreement. Our prenup is the best product in the market. It protects you and your family future.

Dowry

The dowry is a present you give to the bride for accepting the marriage to you. The presents usually in the form of jewellery, such bracelet, necklace, etc. This symbolize the bond of the marriage between the two persons.

Feast

You need to celebrate the marriage with at least a small feast. It is advisable to provide at least snacks and drinks to people who come to your wedding.

Those are the ten pieces of marriage checklist that must exist in your marriage in Indonesia. As I told you, we take marriage very serious. One item missing from your marriage proceedings may cause you marriage challengeable. 

 

Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!

Recent developments related to the postnup have been very important. The latest updates from the Jakarta Higher Court regarding the marital agreement entered into after the marriage. The Jakarta Higher Court confirms that a marital agreement signed during the course of marriage in Indonesia is legal. The endorsement from the Higher Court is subject to the following terms and conditions, among others:

  1. As long as the postnup entered into by husband and wife in accordance with Article 1338 Civil Code, then it serves as the law to both of them. Therefore, the parties in the postnup must perform their rights and obligations as specified in their postnup. In the event one party fails to do so, then the other party may file a complaint to the court of law.
  2. Furthermore, the Jakarta Higher Court stipulates that the postnup must be dated with an actual date. So, why should you back-dating the prenup in the first place, while you can have an actual-date postnup and legally endorsed by the Higher Court?
  3. No need to record the postnup on your marriage certificate. Unlike the prenup, the postnup does not require registration at the marriage registry to take effect legally between husband and wife. The postnup automatically valid legally when you covenant and agree to execute its terms and conditions. This must be done freely and voluntarily and free from coercion, duress or pressure of any kind, and they have an adequate opportunity to read and study the postnup.
I am Asep Wijaya, Managing Director of Wijaya & Co. writing for Wijaya on Postnup. Thank you for reading.
 
 

Disclaimer:

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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Monday, 20 November 2017 09:43

The Validity of Marriage

The law on validity of marriage is governed by the 1974 Marriage Law and its implementation rules. Indonesian law has no provision for no-religious civil marriages. The mixed-marriage coupes needs to pay attention to the legal issues. If something happen down the line, lack of legal requirements in your marriage will put you into unfavorable conditions. No law recognition to your marriage, will be considered no marriage at all. It will take effect to your divorce, division of marriage property, child custody, and alimony.

Religious Marriage

Indoensia's 1974 Marriage Law stipulates that marriage can be legally recognized if it is performed according to the religion of the couple. It makes Indonesia as the country that put religion as the main issue in marriage. Mixed-religion marriage is not allowed in Indonesia. Both spouses must have the same religion in order to get marry legally.

Once you have made the decision to marry in Indonesia, you must choose the type of religious ceremony that you intend to have. For Non-Moslem, you must hold church (or temple) ceremony first, and then record the marriage with Civil Registry Office. The Couple will experience two types of ceremonies. The religious part will first be performed followed by a civil ceremony. The civil registry will in turn issues a marriage certificate which is evidence that you are legally married. A Non-Moslem wedding which is not recorded with Civil Registry is not considered legal. There will be two certificates presented at the end of ceremony, one from the  church/temple, and the other from the Civil Registry Office.

If you have decided the marriage in Moslem ceremony, you must register you marriage at the local Office of Religious Affairs. Person wedded in a Moslem ceremony and issued a Marriage Book need not record their marriage with Civil Registry Office.

Civil Wedding

Considering Indonesian law has no provision for no-religious civil marriages, the couple who wish o perform civil wedding should provide the religious marriage certificate (i.e. Certificate of Marriage Solemnization) which means that they have done the religious marriage in their country(ies). Many foreigner tourists having their vacatioon and/or honeymoon in Indonesian, choose this route.

International Recognition

Mixed-marriage couple married in Indonesia should pay attention to this issue also, especially if they have married in Moslem Ceremony. The Moslem Marriage Book is accepted in United States and United Kingdom. But it is not accepted in several countries, to mention one of them is the Netherlands.

The immigration rules in Netherlands will require the Certificate of Attestation from Civil Registry Office. This is the certificate to show that the marriage has been registered with Civil Registry Office in order to register at the Civil Registry Office in  the Netherlands. In order to obtain this certificate, you need to submit supporting documents such as passport and visa, marriage books, and photograph (with groom on the right side).

Theoretically, this is may sounds very funny. Office of Religious Affairs and Civil Registry Office is the government institutions that have the same authorities in recording the marriage. But, in the field of pratice, you might face the walls if you don't have any clues at all. Otherwise, your plan to stay and live in overseas will not come together.

For example, if you go to the Surabaya Civil Registry Office, they will not willing to issue the Certificate of Attestation for Moslem Marriage Book, They don't even want to provide the letter of rejection. They find Office of Religious Affairs have the same position with them. So, it is not their authority to issue such certificate. I have seen a couple separated just because of this obstacle. Of course, we can not put pressure on Surabaya Office. According to the Regional Autonomy Law of 2004, the regulation for civil registry and population services is the sole resposible of local municipal. So, it is the authority of Surabaya Municipal that considers the Religious Affairs and Civil Registry have the same position. Legal breakthrough must be achieved if you want your case succeeded. A comprehensive study on Indonesian legal system must be perfomed. You can check with your Indonesian law specializing in mixed-marriage legal assistance regarding this case.

Other things you need to bring to your attention is document legalization. Immigration related documents require certifications or legalizations or authentications in order to be recognized internationally. The legalizations rules are different for different countries. Not all information is provided clearly and many regulations are different to other countries. This conflicting information is not a personal attack on you, it's typical of government bureaucracy all over the world. As we aware, the US rules specify that your certificate(s) should be less than a year old. As for the Netherlands rules, the certificate(s) should be less that five years. The process usually complicated and, in many cases the lack of time or expertise causes you delays and valuable time is lost. We can only begin to imagine how you must be feeling with the delays and the conflicting information from all involved. This is very distressing for you.

Indonesia is not a part of the Hague Convention, a group of nations joined to create a simplified method of legalizing documents for universal recognition, then you will need an Embassy Legalization to be valid internationally.

As a non-member of Hague Convention, the documents must full-fill certain requirements before the Embassy can legalized your documents. The documents should pass the procedures at the related government institutions in Indonesia, such as Notary Public certification, Civil Registry, Department of Justice, Department of Foreign Affairs, and/or Department of Religion.

Marriage Legalization

The mixed-couple who have decided to get marry abroad, will not exempted by the law. The Marriage Law of 1974 stipulates that within one year after return to Indonesia, you must report the marriage to Civil Registry Office. You will then received a Surat Tanda Bukti Laporan Perkawinan (STBLP) or Overseas Marriage Registration.

This certificate is very important and will make your marriage recognized by the Indonesian laws. Even if you have decided not to stay in Indonesia, this certificate is a must-have document. You never knwo what will happen in the future and something make you move back again to Indonesia. By then, it will arise complication to your case. You need to get a court decree in order your marriage can be recorded at civil registry office. It will give you more hassles if your are deliverng a baby in Indonesia. You can not get the Foreign Birth Certificate for the baby if you do not possess STBLP. In addition to STBLP, it is also very important document if you would like to have property in Indonesia. Notary public will require Indonesian marriage certificate, whether it's an STBLP or regular marriage certificate. Your overseas marriage certificate will not be accepted because your marriage is not recognized by the Indonesian laws.

Marriage carried-out before 1974

The marriage carried-out before the year of 1974 was governed by Indonesian Civil Code. It is the Dutch ancient rules which divide people into classes i.e. Europe, Indonesian native (pribumi), Chinese, and Far Eastern (Arab and India).

This law was meant to be very specific according to who you are and where you come from. It did not treat people equal. The law sees the people through race, customs, and classes. Ubelievably, many of them are still valid and have not been revoked yet by the Indonesian government.

Our thanks to Asep A. Wijaya, Managing Director of Wijaya & Co for sharing this information with us!
 
 
Disclaimer:
 
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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Friday, 17 November 2017 15:02

Foreign Marriage

If you're married outside of the Republic of Indonesia, and one of the spouses in the matrimony is an Indonesian, your marriage is not legal yet. Not until you conduct several proceedings afterward. The burden of conducting the proceeding lies on both spouses, regardless the nationality. It doesn't have to be the Indonesian who files the report for the foreign marriage. 

This has been imposed by several laws in Indonesia. So, it's a statutory requirement in order to make your marriage legally recognized in Indonesia. You see, the marriage is the basic foundation in your life. Without any legally-recognized marriage, anything comes afterward will not be legally recognized as well, such as the birth of a child, etc. It is the same as if no marriage at all. No marriage means no divorce. Children born in the marriage shall be categorized as out of wedlock. Claiming Indonesian citizenship for your child born before August 2006 will require a reporting of the foreign marriage in Indonesia, if you were married abroad. Furthermore, it will also take effect to the inheritance issues.

Consider the following highlights in order to make your foreign marriage  valid and legally recognized as well  in Indonesia with the assitance from our experienced Indonesian attorneys:

  1. Experienced Indonesian attorneys handling international documents;
  2. High success rates in previous similar cases handled by our attorneys that will also contribute to your success;
  3. Simple, legal, and hassle-free.

Call or email us in getting your marriage performed abroad legally valid  in Indonesia with the assistance of dedicated attorneys in the international civil law practice in Indonesia.

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

 

Disclaimer:

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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Friday, 17 November 2017 12:54

Postnup in Indonesia: A Walk in the Park

Postnuptial agreement is a marital agreement. It’s the same thing like any other type of contract in Indonesia. The basic requirement that make the postnup valid is consent between the parties in the contract, husband and wife. It’s that simple! I can’t imagine other people take it more complicated than a walk in the park. Well, at least that’s what I’ve heard from the people on the forum. I don’t really have time to investigate what they say about posts I wrote. I provide the posts and they provide the comments. But this one is really worth a response from me. At least, it inspires me to use it as the title of this post. The postnup, moreover, is legal and it’s doable. It’s like a walk in the park! More important is, it works! Read my lips, it works! Let me explain it further.
 
The postnup is very useful when spouses failed to create a prenuptial agreement but want to protect their assets. It is not something usual in Indonesia because the law thinks that you should’ve get the prenup in the first place. Therefore, requirements to get a postnup are stricter than getting a prenup. Certain conditions must be met before a judge considers a postnuptial agreement valid. The contract must be created with full disclosure of assets, be entered voluntarily by both parties, and have terms that are fair and equitable. However, even if these conditions are met in a postnuptial agreement, a judge can refuse to enforce it. Therefore, it is very important to start the proceedings with enough legal grounds, previous court precedence that might help the judge to have more leeway for your case.
 
The postnup will create separation of property ownership in your marriage with the basis of having an affidavit of release and discharge by the foreign spouse. The foreign spouse shall release her/his right in the property ownership and vested in his/her Indonesian spouse. The Indonesian spouse therefore shall act as the title holder of the property in the matrimony. The postnup shall enlist the property acquired during the marriage obtained before the couple have a postnup.
 
The end results of your postnuptial agreement proceedings is in the form of a deed. The same like an ordinary prenup. The deed shall serves as your separation of property regimes and can be used to prove that there is a property separation in your marriage. Therefore, it gives you and your Indonesian spouse the authority to conduct any property transaction, without any mutual consent. Once the property separation created and vested in a postnup deed, your Indonesian spouse still be the holder of the property title. As long as there is a separation of property in the deed, your Indonesian spouse may keep the property for good. That situation will create legal protection for an Indonesian married to a foreigner.
 
Please forward this post to people who discuss this issue on the forum. We need to make sure that it is like a walk in the park. I am Asep Wijaya. Thank you for helping me spread the access to the legal system in Indonesia.
 
Our thanks to Asep A. Wijaya, Managing Director of Wijaya & Co for sharing this information with us!
 

Disclaimer:

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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Friday, 17 November 2017 10:12

Mixed-Marriage Legal Services

Mixed-Marriage in Indonesia: Legal Services Package

Mixed-marriage in Indonesia is always full of legal complications. Mixed-couples should consider legal assiatance from the very beginning in order to avoid hassles down the line. It's down hill if you do. Our Indonesian law firm will assist you in related legal issues which might arise in your marriage, with the following services:

Prenuptial Agreement

  1. Providing necessary legal advice. Our Indonesian lawyer will provide necessary legal advice if the client wish to own property in Indonesia and expose the rights, oblligations, and legal constraints in owning property in Indonesia;
  2. Assisting client in drafting a prenuptial agreement. Our Indonesian lawyernwill assist client in collecting all the things to be included in the prenuptial agreement and complying them with related Indonesian laws on property and nationality;
  3. Legalized the prenuptial agreement with the marriage registry. One of our Indonesian lawyers will prepare and finalize the application of legalization of prenuptial agreement with the Civil Registry Office (Non-Moslem) or Office of Religious Affairs (Moslem);
  4. Record the Prenuptial Agreement with Indonesian district court. The Indonesia's 1974 Marriage Law stipulates that prenuptial agreement should be recorded at the Indonesian district court in order to take affect against any third party.
Marriage Registration or Overseas Marriage Legalization

Marriage Registration, if the marriage carried-out in Indonesia:

  1. Supporting documents advice. One of our Indonesian lawyer will provide client with all necessary advice regarding the collection of supporting documents for the marriage registration application;
  2. Registration form preparation. Our Indonesian lawyer will fill-out all registration form for client shortly after our Indonesian lawyer obtain client's biograhical information, as well as all the marriage registration instructions and other material contained in the registration packet forms;
  3. Contact with Civil Registry Office. All required telephone, mail, and fax contact with the civil registry office will be handled by our firm;
  4. Obtaining marriage certificates. Our Indonesian lawyer will obtain the marriage certificates upon the completion of the ceremony i.e. Marriage Certificate from Civil Registry Office, and Marriage Solemnization Certificate.

Marriage Legalization, if the marriage carried-out abroad:

  1. Supporting documents advice for obtaining Certificate of Singlehood. Our Indonesian lawyer will provide client with all necessary advice regarding the collection of supporting document for the civil registry application;
  2. Legalizing Certificate of Singlehood at related Indonesian government institutions. In order to be valid internationally, the certificate must be legalized by Department of Justice, and Department of Foreign Affairs;
  3. Translating the certificate with embassy's registered authorized-swon translator;
  4. Legalizing the certificate with relevant foreign embassy. In order to be accepted in the country where the marriage will take place, the certificate must be legalized by its embassy in Indonesia;
  5. Preparing and finalizing the applicationg for overseas marriage legalization. Upon receipt of copy of overseas marriage certificate duly legalized by Indonesian embassy, our Indonesian attorney will apply for overseas marriage legalization;
  6. Obtaining the Overseas Marriage Registration Certificate ("Surat Tanda Bukti Laporan Perkawinan Luar Negeri") from Civil Registry Office.

Residency in Indonesia

The foreign spouse is allowed to stay in Indonesia with the sponsorhip of the Indonesian spouse on a Limited Stay Permit/Temporary Stay Visa, approved by the Indonesian immigration office. This temporary resident visa is valid for a period of 12 (twelve) months with the possibility of extension subject to approval from the immigration authority.

  1. Immigration Application Review. Our Indonesian lawyer will review foreign spouse possibilities to achieve permanent residency and complying with related Indonesian immigration and nationality laws;
  2. Interview of Foreign Spouse. Our Indonesian legal consultant will coach and assist foreign spouse to verify that all information with the immigration application is accuracte and obtain all the biographical information required for the related immigaration application;
  3. Supporting documents advice. Our Indonesian lawyer will provide Client with all necessary advice regarding the collection of supporting documents for the immigration application;
  4. Immigration forms preparation. One of our Indonesian lawyers will fill-out all immigration forms for Client shortly after our Indonesian lawyer obtain all biographical information, as well as all the immigration instructions and other material contained in the immigration packet forms;
  5. Contact with Indonesian Immigration office. All required telephone, mail, and fax contact with the Indonesian immigration district office will be handled by our Indonesian lawyer. In extraordinary circumstances, our Indonesian lawyer may ask Client to voluntarily contact the immigration office to aid our office's efforts to expedite your case. Your voluntary agreement to undertake such contact will not be deemed as a failure by our Indonesian law firm to adhere to the terms of this agreement;
  6. Client up-dates. Our Indonesian lawyer will keep you closely of all significant developments in the progress of your case. We will initiate contact to advise you of the following events, among other: a) Our successful interview or contact with the foreign spouse to obtain all necessary biographical information, b) request by our office to immigration office for interview date the foreign spouse, c) interview date for the foreign spouse;
  7. Expedited Case Processing. Every reasonable effort will be made to expedite the case promptly and efficiently. However, that government bureaucracy errors and workload problems beyond our office's control can sometimes slow the processing of a case. Our Indonesian lawyer will, however, work proactively with the governmet agencies involved to minimized the impact on the case of any such government errors or delays.
Children Birth Certificate

The baby born outside of the marriage of mixed-couples is not entitled for parental relationship with the father. He/she only has civil law relationship with the mother. The name of the father is not showed on the birth certificate. Legal terms for the baby is out of wedlock child.

In order to put the foreign father's name on the birth certificate, you need legal assistance from the Indonesian attorney to legalized the baby. One of our Indonesian lawyers, will provide you with the following services:

  1. Providing necessary legal advice in order to legalized the baby and recognized by the Indonesian laws;
  2. Assiting the Client with every reasonable and legal efforts to change the birth certificate;
  3. Preparing and finalizing the application of the change of birth certificate to Civil Registry Office in Indonesia.
  4. Obtaining the new birth certificate with the father's name on it.

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

 

Disclaimer:

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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Thursday, 16 November 2017 14:30

Marriage Registration

Marriage in Indonesia is pretty straight forward, simple, and most of all, legal. Consider Indonesia as a venue for your marriage registration. Indonesia's marriage certificate is world-wide recognized. Every marriage document issued by the marriage registry in Indonesia is in dual language i.e. Indonesian, and English. All you need to do is send us your personal details and picture of the two of you. Wijaya & Co can be your registration representative of your marriage at a marriage registry in Indonesia. You don’t have to queue-up for a registration and confined in a registration bureaucracy. Your marriage will be recognized by the Indonesian laws, and obtained worldwide recognition at the same time.

If both you and your fiance(e) are Christian, Buddhist or Hindu, you must hold the religious solemnization or ceremony first, then record the marriage with the Civil Registry. The Civil Registry will in turn issue a Marriage Certificate which is evidence that you are legally married. A Non-Moslem marriage which is not recorded by the Civil Registry is not considered legal. There is normally a ten-day waiting period in order to register your marriage with the Civil Registry in Indonesia. If your fiance(e) is Moslem, the ceremony should be registered at the Kantor Urusan Agama (“KUA”) or the Office of Religious Affairs.  These offices will issue a Marriage Book, which is evidence that you have legally married. Persons getting marry in a Moslem ceremony and issued a Marriage Book need not record their marriage with the Civil Registry. For foreign citizens, the documents required are copy of your passport, and a Non-Impediment Letter certifying that you are legally free to marry from your embassy in Jakarta. A Biographic Information is available to gather your personal information for getting your marriage registered in Indonesia.

Marriage in Indonesia is considered as a spiritual bond between a man and a woman. Therefore, Indonesia has no provision for mixed-religion marriage as the religion plays important role in your marriage life. Both partner must have the same religion. Otherwise, one of you must convert, if you have mixed-religion issue in your relationship. We can also assist you in religion converting and it can be carried-out within less than 30 (thirty) minutes before the marriage conducted.

These are the reasons why you need to choose our services:

  1. Worldwide recognition;
  2. A Biographic Information Form is available to gather your personal information;
  3. You can get marry within 10 (ten) calendar days;
  4. Religion conversion can be done at the same time with marriage ceremony;
  5. Dual language marriage documents i.e. Indonesian, and English;
  6. Simple, legal, and hassle-free. 

Call or send us an email now for getting your marriage registered in Indonesia, and live happily ever after. Cheers!

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

 

Disclaimer:

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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Thursday, 16 November 2017 13:18

Mixed-Marriage

They said mixed-marriage in Indonesia is always full of legal complications. If you pay attention to legal issues, the mixed-marriage should be practical since people get marry in order to look for  a life of happiness. Foreigners who married to Indonesian spouses should be consider legal assistance from the very beginning. If you wish to get marry in Indonesia, you must pay attention to the religion of yours and your fiancee. If you are Moslem than you must hold Moslem ceremony with Office of Religious Affairs. If you are Non-Moslem, you must perform religious ceremony and register your marriage with Civil Registry Office. When you have decided to get marry abroad, you need to report your marriage with Indonesian Civil Registry Office.

Prior to marriage, don't forget to get a prenuptial agreement. Considering foreigners are not allowed to have a property in Indonesia, and if you wish to take the quite sensible precaution of a prenuptial agreement for the purpose of protecting yourself and your properties in the event that one of you dies, a prenuptial agreement is a must-have choice. The Indonesian government can, by law, take virtually everything away from the grieving party because they did not create such a protective document PRIOR to marriage.

When your Indonesian wife delivering a baby in Indonesia, you must report the birth within 10 days to get Foreign Birth Certificate. Otherwise, Civil Registry Office requires Court Decree. Afterwards, you need to get your baby passport from your embassy in Indonesia and apply KITAS with Immigration Department. If you have decided to stay in Indonesia, you need to get Family Card from Civil Registry Office. In the past, the baby was born in mixed-marriage with foreign father, the baby's nationality goes to that father. Under the old law, citizenship could only be handed down via an Indonesian father. So children born to an Indonesian woman and a foreigner could not be citizens. They could only live in Indonesia on temporary permits. The new law considered as landmark law on citizenship. It provides for, among others, children from the mixed-marriage  to have dual citizenship until they reach 18 years of age or more when they have to choose one citizenship, either Indonesian or the other.

Under this new law, the child does not automatically lose his or her Indonesian status. Indonesian women are not automatically follow their husbands' citizenship status and can be sponsors for their husbands to turn status to Indonesian citizens. The new law also states that foreigners who have been living in the country for 5 (five) years will be able to apply for Indonesian citizenship, but they must give up their original citizenship and be able to speak Indonesian, among other conditions. It also stipulates that  Indonesian Chinese, who make up 4 per cent of the country's 209 million people, will no longer need to produce proof of their citizenship or undergo the naturalisation process, provided they were born to Indonesian parents. The law also makes it punishable if officials do not treat them on a par with other citizens.

Wijaya & Co can assist you with the complications arise in your mixed-marriage. Our Indonesian lawyers have assisted many international clients with their legal matters at Civil Registry Office and Immigration Department.

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

Disclaimer:

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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Thursday, 16 November 2017 09:57

Marriage Legalization

Legalization of Moslem marriage in Indonesia is strictly governed by the Islamic Law for Moslem couples. This proceeding may only be carried-out under special and very limited conditions, among others, to legalize the previous performed Moslem marriage without any registration at the Moslem Marriage Registry (so called KUA/Kantor Urusan Agama).

You may also to conduct the legalization of Moslem marriage, if you meet one of the requirements, as follows:

  1. You need to get divorce, but you can't prove the legality of the marriage because you didn't receive any marriage book;
  2. You've lost your marriage book. The KUA will not issue another copy because each couple only entitles to a set of marriage book;
  3. You have any doubt regarding the legality of the marriage;
  4. The marriage took place before the 1974 Marriage Law enacted;
  5. To legalize the marriage of a couple with no legal impediment to marry, as governed by the 1974 Marriage Law. This is applicable when you're religiously married without any proper registration. No marriage book presented as proof of your marriage.  

This proceeding is very important when you're processing a probate case. The legalization of the Moslem marriage shall be used as a mirror order in any country where the probate is taking place.

Consider the following issues in order to establish the legality of the Moslem marriage  through a legal proceeding carried-out by our firm:

  1. Experienced family law attorneys;
  2. High success rates in previous similar cases handled by our attorneys that will also contribute to your success;
  3. Conclusive legal binding;
  4. World-wide legal recognition. The product of the proceeding may be used as a mirror order anytime anywhere in the world.

Call or email us to find out how you can move forward with the proceeding of the Moslem marriage legalization with the assistance of passionate family law practitioners in Indonesia.

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

Disclaimer:

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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The laws in Indonesia legally recognized marital agreement as a contract entered by a husband and wife, either before or during the course of marriage. Having a marital agreement in Indonesia, there is more to it than meets the eyes. You can see how it redefines your marriage, regardless your nationalities. 

Are You In It for Love?

A marital agreement in Indonesia definitely can protect your assets. When you're considering to marry someone, you need to know if she/he's marrying you for love or for money. One could never tell, but the marital agreement could always do. Take my word for it. If she/she says yes, even after the prenup has been executed, then he/she's the one. No matter what. 

By entering into a marital agreement prior to your marriage, you can protect your assets acquired prior to your marriage to him/her. The assets are legally free from the claim she/he can brought against you as if no marriage has been consummated. You're not legally liable for the debts prior the marriage. So, yes, with the marital agreement in Indonesia, you are in it for love. Not for the money.

Protection against Bigamy

This is sometime, just sometime, happens in countries like Indonesia: your husband is committing bigamy. Ouch! That's not good. Please don't get mad. Get everything! Yes, you read me right. Get everything, literally!

You should insist to enter into a marital agreement between you and your husband in order to protect your financial interest, your children's future, and your assets. Even though, each marriage to each wife and its assets is totally separated, but you never knew. Get yourself a cover. You can't risk yourself and the children exposed to any potential risks. In this case, you should get a postnuptial agreement. This is a type of marital agreement entered into a husband and wife during the course of marriage. With the breakthrough verdict from the Constitutional Court in 2016, the postnup is legally recognized and totally can be upheld in the court of law. 

Using a marital agreement to protect yourself from bigamy is exist long before the Court reach the verdict. The terms and conditions for this type of marital agreement is even exist in the Civil Code. Indonesian socialites have been using this to protect their marital assets, and the laws allow the wife to submit a motion for postnuptial agreement. 

Business as Usual

Practically, in Indonesia, your spouse is your business partner. Not to mention if she/he's actively contributing to the business enterprise on daily basis. Whether he/she is serving as a member of the board or not. Your spouse entitles to half of your share. Lovely, isn't it?

Article 157 Civil Code imposed that the profit you made out of your marital assets, retrieved from the community assets, income derived from joint assets, shall be considered as marital property or community property. Whatever you call it, your spouse entitle to it. Your profit, your income, exchanges of the existing property, among others, are part of the joint assets with your spouse. 

When the marriage ends with a divorce, your spouse gets half of the assets, both now in existence and its profits. So, consider signing a marital agreement in order to prevent that from happening, and list your business enterprise as one of your separate assets.

Preserving Your Inheritance

Say, you're expecting inheritance from your parents. Legally, inheritance and gift from a third party are separate property. Article 35 (2) of 1974 Marriage Law stipulates that if you otherwise determined, the inheritance may become joint property. It means, it may not be free from your spouse's claims. Putting the inheritance into a marital agreement can preserve the inheritance from your parents. It can't be touched legally. You may be clear describing the assets such as location, dimension, and other related description in the marital agreement.

Back-to-Back: Foreign & Indonesian Prenup

Both of you are foreigners. Neither of you is an Indonesian citizen. But you have been residing in Indonesia for quite sometimes. You plan to get marry in one of our beautiful islands such as Bali, or Lombok. It means, you're registering your marriage under the laws of Indonesia. You're submitting yourselves to the legal system in Indonesia. There's a legal term called: "Minimum Contact." You and your husband have a minimum contact with the Indonesian laws because you live in Indonesia. The legal effect is minimum but it’s still a loophole. I am not saying you should get an Indonesian prenup but if you wish to have a safe-precaution, you should get one. Remember, the Indonesian laws on marriage is applicable also to foreigners live in Indonesia. This is the part of the international civil law that may expose you to the risks of having a regime of marital property. Doctrines on the international civil laws are very complicated. We don’t know which one the court will apply to your case. We never know which court will have jurisdiction to your situation. But the last thing you want is to left yourself, and your marriage open to the potential exposures of marital property regime in Indonesia. People spends tens of thousand of dollars fighting in divorce litigations, while they can avoid it with a piece of paper called a prenup. 

But hey! You're signing a foreign prenup. That's cool! You know what? Your foreign prenup is not recognized here. So, from the Indonesia's legal perspective you’re married but with no prenup. Therefore, you have joint property ownership regime. On the other hand, if you have the Indonesian prenup, and/or the Indonesian marriage, and/or you live here on the Indonesian soil, those are legal bonafide to you and your marriage. There’s no question in terms of the legality of your foreign prenup. It will even make things stronger. The Indonesian prenup shall serve as "the bridge" to your foreign prenup. So, everything is connected now. There's no missing link anymore.

In the event of divorce, with the Indonesian prenup, your marriage will still have separation of property regime. This can be used as “mirror” just in case things get ugly, and any court in other country may refer to the Indonesian side.

Preserving the Indonesian

I like the term "preserving" better than "protecting" because your Indonesian spouse is entitled to the freehold property. She/he can own property under hak milik. The best thing about it is that you can keep it for good. You can even inherit to your children. But once you're married to a foreigner, the Indonesian shall be precluded in owning the property in Indonesia. She/he is the same legal position with his/her foreign spouse. The Indonesian prenup comes to preserve the rights of an Indonesian citizen, even though she/he's married to a foreigner. The right or entitlement in owning the property has already been there since the Indonesian spouse was born. So, nothing to be protected. It just a matter of preserving what's already been there.

Do you know any other way how an Indonesian marital agreement can redefine your marriage? Do you have something to discuss with? Please do not hesitate to contact me: This email address is being protected from spambots. You need JavaScript enabled to view it.

I am Asep Wijaya, Managing Director of Wijaya & Company. Thank you for visiting my blogs and reading my posts.

Disclaimer:

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 anywhere in this article nor in this website. 

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