Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a Happy and eternal family (household) based on One Godhead (Article 1 of Undang-undang Republik Indonesia Nomor 1 Tahun 1974 tentang Perkawinan/Law Number 1 year 1974 regarding Marriage)
Marriage Agreement is an agreement between a prospective husband and a prospective wife before entering into a marriage, a marriage agreement can also be made between a husband and wife while still in a marriage bond which applies to a third party as long as the third party is involved. This is regulated in the Putusan Mahkamah Konstitusi Republik Indonesia/Constitutional Court Decision of Republic Indonesia Number 69 / PUU-XIII / 2015 which provides leniency for mixed marriages between husband and wife, the one who is foreign nationality and the one who is Indonesian nationality to have marriage agreement that can be made before or during the marriage bond. So that the husband or the wife who is still Indonesian nationality and have separated their assets can still have his/her ownership rights to land and rights to use building in Indonesia.
Things that mainly regulated in a marriage agreement include:
- The rights and the obligations of the husband and the wife;
- The separation of assets thus the husband or the wife who still had Indonesian nationality can still have ownership rights of lands and other rights;
- The other things as long as they’re not against the law, morality and appropriateness in the society;
Consult with us to learn more about it.