A postnuptial agreement made during an existing marriage can be legally valid in Indonesia. Constitutional Court Decision No. 69/PUU-XIII/2015 changed the interpretation of Indonesia’s Marriage Law, allowing marital agreements to be made during marriage rather than only before or at the time of marriage. For foreigners married to Indonesians, this provides the legal basis for creating a postnup after the wedding.
Both Spouses Must Agree with the Postnup
A postnuptial agreement cannot be created by one spouse alone. Both the foreign and Indonesian spouse must agree to it.
One spouse cannot independently replace the property arrangements applying to the marriage with a new marital agreement.
The Postnup Must Meet Indonesia’s Formal Requirements
A postnup must be made in writing and completed in the form recognized under Indonesian law. A marriage registrar or a notary can authenticate a written marital agreement.
The agreement may also need to be recorded with the authority responsible for the marriage record. This is particularly relevant to its effect on third parties. A postnup cannot be used to remove rights that another party acquired before the agreement was made.
Indonesian law also prevents a marital agreement from containing provisions that violate law, religion, or morality.
When Does a Postnup Take Effect?
A marital agreement generally takes effect from the date of the marriage unless the agreement provides otherwise.
If a foreigner and Indonesian spouse sign a postnup eight years after marrying, the signing date does not automatically determine when the arrangements established by the agreement take effect.
Can a Postnup Be Changed or Cancelled?
A postnuptial agreement can be amended or cancelled during the marriage if both spouses agree.
Contact Jarji Zaidan & Partners About an Indonesian Postnuptial Agreement
Foreigners married to Indonesians who need to establish whether a postnuptial agreement meets Indonesia’s legal requirements can contact us today at info@jarjizaidan-partners.com or on WhatsApp +62 821-9000-3273 / +62 813-1403-8907 for guidance.
