Prenuptial Agreements in Indonesia

Find out how to make a prenuptial agreement in Indonesia...

The assets of both husband and wife are jointly owned after marriage and each partner is entitled to 50 percent of the estate. If a foreigner wishes to protect assets that predate the marriage, a prenuptial agreement (Surat Pernyataan Harta) is required. A prenuptial agreement must be made before getting married and it cannot be made retroactively. The agreement is legalised at the same time the marriage is registered with the local Civil Registration Office (Kantor Catatan Sipil) and the Office of Religious Affairs (Kantor Urusan Agama).

Although foreigners cannot own property in Indonesia, their name can still be listed on a land title with their Indonesian spouse. If the Indonesian spouse dies first, the foreigner's name is then alone on the title, which is illegal. Selling property under these conditions is also illegal. In such a case, the Indonesian government can take legal ownership of the previously jointly held property, if the surviving foreign spouse is not able to sell the property within one year - a period of grace.

The prenuptial agreement is made in the local area where the couple lives and the services of an Indonesian lawyer will likely be required. Two witnesses over the age of 18 are required when signing a prenuptial agreement.