2016-10-28: Prenup rule for mixed marriages abolished

The 42 year old prenup rule for mixed marriages is abolished – Finally!

The court decided on 2016-10-27 to eliminate the requirement for a prenuptial marriage agreement in Article 29 of the 1974 Marriage Law, making it possible for thousands of Indonesians who are married to foreign nationals to purchase and own property as they can now create an agreement on separate ownership during their marriage. This was not possible earlier if the marriage was entered without the prenuptial agreement and it was not possible to make the prenuptial agreement after the marriage. The only option was to divorce, make prenuptial agreement and marry once again. A process too exhausting for most mixed couples.

From the article:
“Local spouses of foreigners can now purchase a plot of land or a building without having to create a prenuptial agreement separating the ownership of their property, a 42-year-old policy that has just been declared unconstitutional by the Constitutional Court”.

Read the full article here

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