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Prenuptial Agreement After Marriage Template for Indonesia

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Key Requirements PROMPT example:

Prenuptial Agreement After Marriage

"I need a Prenuptial Agreement After Marriage under Indonesian law for my spouse and me, as I've recently inherited a family business and we want to ensure clear separation of business assets while maintaining joint ownership of our marital home purchased in 2025."

Document background
The Prenuptial Agreement After Marriage (Postnuptial Agreement) became legally recognized in Indonesia following the Constitutional Court Decision No. 69/PUU-XIII/2015, which overturned the previous restriction limiting such agreements to only before marriage. This document is particularly useful for married couples who wish to establish clear property rights and financial arrangements after their marriage has already been registered. It's commonly used when there are significant changes in financial circumstances, business ownership, inheritance, or when couples simply wish to modify their original property arrangements. The agreement must be properly executed before a notary public and registered with relevant authorities in Indonesia to be legally binding. It typically includes detailed provisions about asset division, business interests, inheritance rights, and debt obligations, while ensuring compliance with Indonesian marriage law and civil code requirements.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, occupation, residence, and national ID numbers

2. Background: Context of the marriage, including date and place of marriage registration, and reasons for entering into this postnuptial agreement

3. Definitions: Key terms used throughout the agreement, including definitions of separate property, joint property, and other relevant terms

4. Acknowledgment of Existing Marriage: Formal recognition of the existing marriage and its legal status

5. Separation of Property: Detailed provisions regarding the separation of assets and liabilities between spouses

6. Pre-existing Assets: Detailed inventory and designation of assets owned by each party prior to this agreement

7. Future Property: Rules governing the acquisition, ownership, and management of future assets

8. Income and Earnings: Treatment of income, wages, and business profits earned during the marriage

9. Debts and Liabilities: Allocation of responsibility for existing and future debts

10. Management of Property: Rights and responsibilities regarding property management and decision-making

11. Inheritance Rights: Provisions regarding inheritance rights and estate planning

12. Dispute Resolution: Procedures for resolving disagreements about the interpretation or implementation of the agreement

13. Amendment Provisions: Procedures for modifying the agreement in the future

14. Governing Law: Specification of Indonesian law as the governing law and relevant jurisdictional matters

15. Execution Requirements: Requirements for proper execution, including notarization and registration requirements

Optional Sections

1. Business Ownership: Specific provisions regarding business interests and company ownership, used when either party owns or may establish a business

2. Intellectual Property Rights: Provisions regarding ownership and rights to intellectual property, used when either party has significant IP assets

3. Child Support and Education: Provisions regarding financial responsibility for children's needs, used when there are children from current or previous marriages

4. Religious Observations: Specific provisions aligned with religious principles, used when parties wish to incorporate religious elements into the agreement

5. Foreign Assets: Special provisions for assets located outside Indonesia, used when either party has international assets

6. Professional Practice: Specific provisions regarding professional practices or licenses, used when either party is a licensed professional

7. Family Businesses: Provisions regarding family business interests and inheritance, used when family businesses are involved

8. Retirement Benefits: Provisions regarding pension rights and retirement benefits, used when significant retirement assets exist

Suggested Schedules

1. Schedule A - Inventory of Husband's Assets: Detailed list and values of all assets owned by the husband prior to this agreement

2. Schedule B - Inventory of Wife's Assets: Detailed list and values of all assets owned by the wife prior to this agreement

3. Schedule C - Joint Property Inventory: Detailed list and values of all jointly owned property

4. Schedule D - Debt Schedule: List of all existing debts and liabilities of both parties

5. Schedule E - Business Assets: Detailed inventory of business interests and their agreed valuations

6. Appendix 1 - Required Legal Documents: Copies of marriage certificate, identity documents, and other relevant legal documents

7. Appendix 2 - Property Certificates: Copies of property certificates and ownership documents

8. Appendix 3 - Financial Statements: Recent financial statements and bank accounts documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Legal Services

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Professional Services

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Technology

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Legal

Compliance

Risk Management

Corporate Affairs

Wealth Management

Family Office

Business Advisory

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Relevant Roles

Lawyer

Notary Public

Legal Counsel

Business Owner

Company Director

Financial Advisor

Wealth Manager

Property Manager

Family Business Manager

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Estate Planner

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