When it comes to getting married, one thing that many couples consider is a prenuptial agreement. This legal document sets out the terms of division of assets and liabilities should the marriage end in divorce. In Indonesia, prenuptial agreements are becoming increasingly popular, as couples seek to protect their assets and interests. If you are considering a prenuptial agreement in Indonesia, it is important to have a sample to work from. In this article, we will provide you with an example of a prenuptial agreement in Indonesia.
Before we get into the sample, it is important to note that prenuptial agreements in Indonesia are governed by the Marriage Law of 1974. Under this law, property acquired during the marriage is considered joint property, unless a prenuptial agreement specifies otherwise. It is therefore recommended that couples seek legal advice before entering into a prenuptial agreement.
Now, let`s take a look at a sample prenuptial agreement in Indonesia:
Prenuptial Agreement
This agreement is entered into on the [date] by and between [name of husband] and [name of wife].
1. Overview
This agreement sets out the terms and conditions of the marriage between the parties, including the division of assets and liabilities.
2. Assets and Liabilities
(a) Separate Property: Each party acknowledges that they have separate property that will remain their own in the event of divorce. The details of each party`s separate property are set out in Appendix A.
(b) Joint Property: Any property acquired during the marriage will be considered joint property, and will be divided equally between the parties in the event of divorce.
3. Maintenance
(a) In the event of divorce, neither party shall be responsible for the maintenance of the other.
(b) However, if children are born during the marriage, the parties agree to contribute equally to their education and welfare.
4. Termination
(a) This agreement will terminate upon the death of either party.
(b) Should the parties divorce, this agreement will remain in force and effect.
5. Governing Law
This agreement shall be governed by and construed in accordance with the laws of the Republic of Indonesia.
6. Entire Agreement
This agreement sets out the entire understanding of the parties and supersedes all prior negotiations, agreements, and understandings.
In conclusion, a prenuptial agreement can offer peace of mind to couples entering into marriage. It is important to seek legal advice and have a clear understanding of the terms and conditions before signing any agreement. The sample prenuptial agreement provided above can serve as a guide for couples in Indonesia.