The postnuptial agreement in Indonesia has been the legal instrument to create property separation within the marriage. It requires release of the foreign spouse’s share in community property, and nominate the Indonesian as the property holder. This must be voluntary and mutual action between husband and wife. You must be mature enough to do this. You know, to give-up your share in the joint property without involving any ego.
You must understand that the postnup can’t be done without any force from any party, including your Indonesian spouse. So it must be done under voluntary actions. According to my experience handling the postnup, most of them are senior couples, or at least one of the spouses is wise enough to let his wife gets all the spotlight. This is something I hardly find in younger couples. No offence. But wisdom comes with experienced matured age.
Postnuptial agreement also required when you are in the possession of a great deal of property in Indonesia. The properties may come from inheritance, risky purchase such as using fake ID, and nominee purchase. You may be able to own them, but you won’t be able to sell them, or put a mortgage on, or even pass them to your children. You may not be able to incorporate a will and it’ll be non-executable. You need a postnup to do those things.
The postnup will not only make you able to purchase new properties and grow your investment portfolio, it will also lift up legal constraint as if you were not consuming the marriage to a foreigner. You will no longer depend on someone to hold the properties for you. Even though you sister is more than happy to do it for you, but still, re-transferring the title back to you is a taxable transaction. You need to pay some money from the transaction inccurred between the siblings, you and your sister. I guess it’s not going to be your sister. It’s going to be you who pay the tax.
You see what I mean? The postnup is not for everyone. Is it for you? You tell me. You can start by sending me an email, or giving me a call, or even meet me at my office to discuss how to move things forward. We can get you your own postnup, taylor made, especially for you.
I am Asep Wijaya, writing for Wijaya on the Postnup. Thank you for reading.