Postnuptial agreement is for married couple in Indonesia. You don’t have to get divorce just because you forget to sign a prenup. It’s legal, and the good news is: it’s for real! Take my word for it! Courtesy of the legal system in Indonesia.
Postnup is like other agreement in Indonesia. You can always put anything into the contract. Things like separation of property during the course of your marriage, child support, alimony in case of divorce, are among other issues that can be included into the postnup.
Postnup must not limit the ability of a husband or even waive his obligation in providing support to his wife and children. A postnup that include such terms may be voidable by the court. Therefore, separation of income must be avoided as part of your postnup’s terms and conditions. It’s because husband is the main bread-maker in the family. He has the responsibility to support his wife and children. I know these days women are also working. They make money as well. Sometimes they make bigger money than man. But the law is the law. Man still the head of the family. On the other subject, the parties must also avoid commingling property in their marriage. This may triger disputes in the future.
Last but not least, the postnup must work to support you and your marriage, not against you. It should be a collaborative process between you and your spouse. The idea is to avoid a conflict from happening rather than motivating disputes and jeopardizing your marriage.
Our thanks to Asep Wijaya, Managing Director of Wijaya & Company for his contribution of this article.
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found within this article nor in this website.