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Indonesian marriage, pre-nuptial and post-nuptial agreements function as written agreements between spouses to regulate the division of assets and obligations in the event of divorce or death. These two agreements offer certainty and protection for both parties in terms of finances and asset ownership.
The primary difference between a prenuptial agreement and a postnuptial agreement lies in the timing of their creation. A prenuptial agreement is signed before getting married or entering into a civil partnership.
It outlines the division of assets, property, debts, and other financial matters in the event of a divorce or separation. Prenuptial agreements are executed when the couple is still in the process of planning their marriage.
A postnuptial agreement, on the other hand, is similar to a prenuptial agreement but differs in the timing of its execution. Couples create a postnuptial agreement after they have already married or entered into a civil partnership.
Nonetheless, both agreements allow the couple to address the same issues as a prenup, such as the division of assets and finances. Regarding mortgages and property law, these agreements can have an impact on how property ownership and debts are treated during a divorce or separation. A well-drafted prenuptial or postnuptial agreement can clarify which properties are considered joint marital assets and which ones are separate property, and it can set forth the terms for handling any outstanding mortgages in case of a split. This can help avoid potential disputes and uncertainties in property division during divorce proceedings.
Legal consultants play an important role in the creation and implementation of pre-nuptial and post-nuptial agreements. Using the services of a trusted legal consultant from Lets Move Group ensures that the agreement is drawn up correctly, legally strong, and tailored to the couple's unique circumstances.
By engaging in the Marriage Agreement Consultation Service from Lets Move Group, our clients can benefit from legal expertise, proper documentation, a simplified process, and customized solutions.
Customized solution: We understand every couple has unique needs, and your marital agreement will be tailor-made to reflect them. Our expert teams are located across Jakarta & Bali, ready to assist you completely with a hassle-free Inheritance Deed process!
ID credential of both husband and wife
Yes, it is possible to combine a Prenuptial and Postnuptial Agreement in Indonesia. In some cases, couples may have a prenup in place before getting married but later decide to make adjustments or add new provisions to their property division arrangements. In such instances, they can draft a postnup to amend or supplement the existing prenuptial agreement.
Yes, it can modify the property rights and obligations of each spouse. The agreement can address the classification of property as joint or separate, lay down rules for property management before or during the marriage, and define how assets will be divided in the event of a divorce or death.
In the absence of a Prenuptial or Postnuptial Agreement, the default property division rules under Indonesian law apply. Indonesia follows the principle of joint marital property (communal property), where assets acquired during the marriage are generally considered jointly owned by both spouses and subject to an equal division in case of divorce.
A legal consultant in Indonesia can assist with drafting both Prenuptial and Postnuptial Agreements for property matters. A reliable legal consultant like Lets Move Group ensures that the agreements comply with Indonesian laws, protect the interests of both spouses and provide clarity and security in matters related to property division.
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