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Prenuptial Agreement

Date: Tuesday May, 19 2009 09:36

 A prenuptial agreement, ante nuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage or civil union by the people intending to marry.

The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage.

 

Under the Indonesian Law it is regulated in article 29 Law Number 1/1974 regarding marriage. Usually agreements were made to give legal protection toward spouse’s properties, though the law does not regulate the objective/s of prenuptial agreement. Content of the agreement is up to the parties and it enters into force since the marriage is directed.

 

Without prenuptial agreement, separation of property between spouses is disregarded. Any property incurred during the marriage will be collective property. Therefore in the event of divorce, the division of property tends to be the most complicated dispute between the couple.

 

Many of Indonesians disregard prenuptial agreement, since they believe that marriage is sacral and divorce separation is highly discourage by society. But seeing the fact today that divorce separation is being common to society and that dispute regarding division of property and child come as the big issue during the process, yet prenuptial agreement is very important to prevent the dispute. Not only in the event of divorce, it is also highly suggested for Indonesian women planning to marry foreigners. Without prenuptial agreement, Indonesian women are not allowed to have property. Here we have seen how important prenuptial agreement is.

 

In our law ofice, our experienced consultants/legal advisers will be able to help you to draft the content of the agreement that suits you and your couple. Trough our legal asisstant, it is expected that the agreement gives you legal protection as you need.[Des]

 

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