Marital agreement is recognized in Indonesia under the 1974 Marriage Law. It recognizes prenuptial agreement as marital contract drawn-up and signed prior to the marriage of the couple. It must be done and executed before the marriage. Everything must be done before the marriage performed and registered. I mean everything, including signing of the prenup by the bride and groom, and registering the prenup with a district court. So, when they are married, they only think about saying “I do.”
On the other hand, the Marriage Law also does not forbid or discourage any marital agreement that entered into and executed after the marriage. It doesn’t say anything like that in any part of the law. Just because it doesn’t say anything about the postnup, it doesn’t mean it’s not legal. Interpretation of law is the key to the situation. Law students in law schools study this subject. It’s not a favorite subject of course. It teaches you how to read the law properly with certain methods to achieve favorable meaning of the law.
Since we find the Marriage Law doesn’t forbid any marital contract executed after the marriage, the next issues that requires attention is contract law. What does it say about postnuptial agreement? The contract law in Indonesia is open. It means you can always put anything into the contract. We have four basic principles in regards to contract. First, agreement between both parties of the contract. Second, the parties’ capability to conduct legal action. Third, object of the contract should be a thing that is quite clear. Fourth, legitimate reason. A contract that doesn’t have any legitimate reason won’t have any legal force.
You see? There’s nothing wrong with a marital contract signed atfer the marriage, right? Having a postnup is as legal as having a prenup. It’s just the postnup is for married couples. That’s why they called it PostNup.
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.