A postnuptial agreement is a legal document that outlines the division of assets and liabilities between spouses in the event of a divorce. In Indonesia, this document is known as a “perjanjian pranikah” or postnup agreement.
A postnup agreement can be entered into at any time after a couple`s marriage. The agreement provides clarity and certainty regarding the distribution of assets and liabilities that have been acquired during the marriage. This document is particularly useful for couples who have accumulated significant assets or liabilities during their marriage, or for those who want to clarify property rights in the event of a divorce.
Indonesia`s postnup agreement is governed by the Civil Code, which outlines the requirements for a valid agreement. In general, a postnup agreement must be made in writing and signed by both spouses. The agreement must also be notarized by a notary public. Both spouses must also be fully aware of the contents of the agreement and must sign it voluntarily.
One crucial requirement for a valid postnup agreement in Indonesia is that it must not violate any laws or public policies. Parties cannot, for example, agree to waive the right to child support or obligations to provide for the welfare and education of their children.
If a married couple does not have a postnup agreement, the distribution of assets and liabilities will be governed by the provisions of Indonesia`s Marriage Law. Under this law, assets acquired during the marriage are generally considered joint property of the spouses. However, certain types of assets, such as gifts or inheritances, may be considered separate property of one spouse.
In summary, a postnup agreement in Indonesia can be a valuable tool for married couples who want to clarify their property rights and financial responsibilities in the event of a divorce. To ensure its validity, it is essential to comply with the requirements outlined in the Civil Code. Consulting with a qualified attorney can help ensure that your postnup agreement is legally binding and enforceable.