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Prenuptial & Postnuptial Agreements

A marriage agreement is not a sign of distrust. It gives both spouses clarity about their assets, debts and business interests. In Indonesia, a marriage agreement can be made before the wedding or during the marriage.

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01You may need this if

  • You are about to marry and want clarity on property and debts.
  • You or your spouse run a business and want to keep business risks separate.
  • You are marrying a foreign national and want to keep the right to own land.
  • You are already married and want to separate your property going forward.

02What we handle

Prenuptial agreements

  • Drafting the agreement
  • Negotiating terms between partners
  • Signing before a notary

Postnuptial agreements

  • Separating property during the marriage
  • Protecting business assets
  • Protecting land rights in mixed marriages

Registration & review

  • Registration with the civil registry or religious affairs office
  • Review of existing agreements
  • Amending an agreement

03How we work with you

  1. 1

    Understand your goals

    We discuss what you and your partner want to achieve and which assets and debts should be covered.

  2. 2

    Draft the agreement

    We draft clear terms on property, debts, income and business assets that work for both spouses.

  3. 3

    Notarial deed

    The agreement is signed before a notary so that it is legally valid.

  4. 4

    Registration

    We register the agreement with the civil registry or the religious affairs office so that it also binds third parties.

04What to prepare

  • Identity cards or passports of both partners
  • Family card and birth certificates
  • Marriage certificate, for postnuptial agreements
  • A list of assets, debts and business interests
  • For foreign partners: passport and residence permit

05Common questions

Can we make an agreement after we are married?

Yes. Since Constitutional Court Decision No. 69/PUU-XIII/2015, married couples can make a postnuptial agreement during the marriage.

Why is this important in a mixed marriage?

Without a separation of property, an Indonesian citizen married to a foreign national may lose the right to hold land under freehold title (Hak Milik). A marriage agreement helps protect that right.

Does the agreement need to be registered?

Yes. To be binding on third parties such as banks and creditors, it must be registered with the civil registry or the religious affairs office.

Every matter deserves a considered first conversation.

Tell us about your situation. A partner will get back to you within one business day.

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