The first couple who entered into a postnuptial agreement in Indonesia was in 1998. Well, at least that was according to a simple research I’ve done recently. It was almost seventeen years ago when they were being introduced to an agreement for married couples. They didn’t dissolve their marriage. They didn’t sign a back-dated prenup. They might have nominated a third party to hold their property for them. Instead, they made the right decision. They signed a postnup, a marital agreement entered into during the course of marriage.
The privilleges of a postnuptial agreement lies in its contents. You see, the postnup is a contract. You need to make sure that someone who writes the contract for you have special skills and experience in handling cases of family and matrimonial law in Indonesia. Since not all individuals gifted with excellent skills in drafting a contract, you need to make sure that the Indonesian attorney drafts your postnup applicable to the laws and regulations in Indonesia. Because he’s not only drafting a contact for you. He’s also drawing the look of your marriage after entering into a postnuptial agreement.
The postnuptial agreement in Indonesia creates separation of property during the course of your marriage. Both husband and wife have their own independent authority in disposing their properties. Free from claim by reason of their marriage, as if no marriage has been consumate. No consent required from each other. Total independent authority. Total legal solution. Signed on actual date during the course of your marriage. No muss. No fuss. The ultimate exit strategy for couples with different nationalities in Indonesia.
The postnup, as they call it, may not as popular as the prenup. Just because you never heard anything about it, it doesn’t mean it’s not legal. Some couples conduct property transaction soon after they finalized their postnup proceedings. The sale and purchase agreement smoothly processed and the property title legally transfered to a new owner. Without any hassle. This is what your marriage look like after entering a postnuptial agreement. It’s an ideal scenario for everyone. This can be yours too, if you had a postnup.
I am Asep Wijaya. Thank you for visiting my blog and reading my posts.