An Indonesian prenup can be revoked during marriage if both spouses agree and the revocation does not prejudice third-party rights. It can also be amended rather than revoked entirely.
Can Both Spouses Revoke or Change an Indonesian Prenup?
Article 29 of Indonesia’s Marriage Law governs marital agreements, which can include prenups made before marriage and postnups made during marriage. Following Constitutional Court Decision No. 69/PUU-XIII/2015, couples can enter into such an agreement before, at the time of, or during their marriage.
The decision allows an existing prenup to be amended or revoked if both spouses agree and the change does not prejudice third parties. Couples can amend individual provisions without revoking the entire prenup.
Third-party protection limits the effect of any amendment or revocation. Existing rights involving creditors, financing arrangements, security interests, or other third parties cannot be prejudiced by a subsequent change to the prenup.
Can One Spouse Have a Prenup Cancelled?
Mutual revocation is different from challenging the legal validity of a prenup.
One spouse cannot ordinarily revoke a valid prenup without the consent of the other spouse. Article 29 requires both spouses to agree before an existing prenup can be amended or revoked.
A spouse may instead challenge a prenup where there is a legal basis to dispute its validity or enforceability. In that situation, the issue is whether the prenup or a provision within it is legally valid, rather than whether one spouse has a unilateral right to revoke it.
What Happens to Property If a Prenup Is Revoked?
Revoking a prenup can change the property regime between the spouses, but the effect on property already acquired depends on the existing prenup, the terms and effective date of the revocation, and rights that have already arisen.
Government Regulation No. 18 of 2021 provides that an Indonesian citizen married to a foreign national may hold land rights in the same way as other Indonesian citizens where those land rights do not constitute joint property, as evidenced by a separation-of-property agreement between the spouses made in a notarial deed.
Revoking a prenup that establishes separation of property can therefore affect the property arrangement supporting those land rights.
The same applies to a postnup establishing separation of property. Revoking or amending the postnup can affect the property regime supporting the Indonesian spouse’s land rights.
Contact Jarji Zaidan & Partners About Changing a Prenup or Postnup
Jarji Zaidan & Partners advises Indonesian-foreign couples on amending and revoking prenups and postnups, including the consequences for marital property and Indonesian land ownership. Contact us at info@jarjizaidan-partners.com  or on WhatsApp at +62 821-9000-3273 / +62 813-1403-8907.
