Photography: Goodluz
Before you exchange your lifelong vows to each other, make sure you understand the concept of a prenuptial agreement and that the existence of it need to be declared and registered in your civil marriage ceremony. In case you didn't know, the officer in the Civil Registry Office will ask of its existence, if you understand the context of the agreement, and that you sign without duress.
What is Prenup?
A prenup is a legal agreement between two consenting adults that predefines the division of assets, debts and incomes during marriage and is signed in front of a notary before marriage, but comes into effect only upon marriage. Prenups can be changed during marriage only upon the mutual consent of the two adults signing the original prenup agreement provided the changes do not prejudice the interest of third parties.
Why Having a Prenup?
Prenups are often made for these reasons:
1. Couples would like to avoid contentious arguments (mostyl involving expensive legal battles) of division of assets between the spouses if the marriage fails and ends in divorce
2. Couples would like to divide assets as a protection from personal or business debts of their spouse
3. A parent remarrying who would like to ensure protection of their assets for their own children from a previous marriage
4. Either the groom or bride marrying late have accumulated their own assets, debts or incomes before marriage and wish to keep the status quo after marriage
5. In-laws or parents who wish to secure their wealth for their married child instead for the in-laws.
What Does Indonesian Marriage Law Say About Ownership of Assets and Responsibilities of Debts in a Marriage?
Under Article 35 of the Indonesian Marriage Law no. 1 (1974) governing ownership of assets, the law stipulates that:
1. Wealth (& debt) accumulated during marriage is owned or is liable together by both spouse
2. Wealth (& debt) accumulated by each spouse before marriage, wealth received as gifts, or inheritance (both assets and debts) during marriage is owned or is liable by the individual recipient unless govern otherwise by both parties.
Do You Really Need a Prenup?
So now that there is a marriage law that already defines different treatments for assets and debts that is brought into marriage and that is obtained during marriage, do you still need to have a prenup? Well, at least a discussion on a prenup will bring about a better understanding of the marriage law and how a prenup works before you get married (since the prenup has to be signed before marriage), and on how you both want to determine the fate of your assets (in particular those obtain during marriage). It can also helps you manage the issue on how you want to manage your debts and protect your assets for the future sake of your children.
The prenup also helps articulate the properties, other assets, and debts that each partner have and will bring into marriage, that will still be owned and controlled by that partner, or that any remaining debt obligations remain the responsibility of that partner even after marriage.
Obviously when you are in love and you want to share your lives together in sickness and in health, a discussion on how you are not to share your assets and liabilities is very unromantic and, in a few cases, have brought an end to the romance, destroy trust, and even put a halt on marriage planning. But when prenuptial agreements are discussed in an open and mature manner, and with the spirit of wanting to protect your hard earned wealth from debtors for sake of your (future) children, it will bring better considerations to your decision to having (or not having) a prenuptial agreement.
