I wrote an Indonesian postnup on daily basis. Yes, I wrote them almost everyday. The postnup is quite different from a prenup. It's  still a marital agrement, and it's totally legal. But the postnup is entered into during the course of your marriage. Yes, you read it right. We date it the day you sign it. On actual date. I am not pulling on your leg. 
A true story about an Indonesian lady who came to my office with her Bristish husband. She wanted some information about the postnup. They signed a Service Agreement the second I finished explaining what the postnup was. You know what had happened next? She wanted to transfer the title of her house, from her sisters's name to hers, without the legal constraint because of marryng her foreign husband. I told her the processing time is six months, and take approximately two times of her presence at my office. She said OK. Take all the time you need. So I do my stuffs, and a few months after I invited her, her sister, and her sister's husband. A sale and purchase agreement took place at the our meeting room.
At this point, you need to be very careful. It's still a taxable transaction: the seller paid 5%, and the buyer paid 5%. Remember, no money being transferred to noone. It just applicable sale and purchase tax payable to the government. The house title was printed on a certificate of ownership. On an ownership's page, details showing her sister's name has been crossed-out. Her name was printed as the new owner. She is now the legal owner of the house. No huss no fuss! The BPN (Badan Pertanahan Nasioanal/National Land Registry) has legally acknowledged her as the new legitimate owner of the house. Thanks to the postnup! 
You know why they made it? It's because the Affidavit of Release and Discharge signed by her British husband. The affidavit is about him giving up his fifty percent shares to her and nominate her as the property holder in the matrimony. That document got her a postnup that will assist her in the future property investment in Indonesia. 
I am Asep Wijaya. Thank you for reading. 
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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. 

You see, the postnup solves your issues, not creating another one. A back-date prenup surely creates one. More than one. I can tell you how it is easily challengable. So, you need to be smart. Your decision determines the outcome, It takes effect to you and your family as well. As an Indonesian, by marrying to a foreigner, he/she is being diluted. Your spouse still an Indonesian citizen, but his/her rights in owning an immovable property is no longer complete. All I can say is, it has nothing to do with the citizenship issues. It has something to do with his/her marriage to a foreign national. I assure you that the postnup can solve the problem. It keeps you move on with your life, without have to turn the clock around. It avoids you mixing one problem with another, like getting a ridiculous back-dated prenup! This is why so many married couples are loving our postnup.

 

 

 

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