When you’re married, you’re married. You need to move forward with your life. It’s time to settle down: have kids, running a family, and have a home. Yes, you need to have a home for your own little family. This may not be as easy as it sounds when your spouse is a foreigner. The thing is, they are not allowed to own property in Indonesia under freehold title (so called “Hak Milik”). They only allowed to have a leasehold property under Hak Pakai valids for 20 or 25 years. If that sounds good to you, then you don’t have any problem. But if you insist in having a Hak Milik for your landed property, you need to consider getting a postnuptial agreement. We called it “Postnup” for short.
The postnup is a marital agreement signed during the course of your marriage. You see, it requires consent from both husband and wife in order to be valid legally. It means both of you must agree. No duress. No threat. No pressure. Sounds pretty legal already. So, let me carry on. The postnup imposed that the holder of the property in the matrimony should be the Indonesian spouse. Why so? Simple. The freehold (Hak Milik) is the best title an individual can possibly have. You can keep the property for good, as long as you like. It gets a higher and higher price everyday. Your perfect future investment. But it can only happen when you’re an Indonesian. The trust factor plays important part in this scenario. Anyway, it’s the marriage is about, right?
As with any other legal agreement, the postnup must be signed on actual date. No back-dated contract. Let me rephrase it to you: no back-dated contract. If you come to someone asking for a postnup, and he needs to check his back-dated registry, then I can say you come to the wrong place. He shouldn’t do that. You tell him it’s not the right thing to do. It's definitely not a postnup. Forget about it. On the other hand, the postnup should tell everything about your situation. It must say that you’re married, and have the details about it. It must also print the correct and actual date the contract signed. There you go! It’s about telling the truth, the whole truth, and nothing but the truth. What’s wrong with telling the truth? Back-dating the contract date means you're not telling the truth.