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.
Our thanks to Asep Wijaya, Managing Director of Wijaya & Company for his contribution of this article.
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