Are Pre-Nuptial Agreements Really Necessary?

Ubudian · 2014-12-21T03:54:43+01:00

Explore the necessity of pre-nuptial agreements for foreigners marrying Indonesians in Bali, including property rights and implications for dual national children.

Ubudian Indonesia Expert

Member since 28 January 2013

UbudianIndonesia Expert21 December 2014 01:54:43

3214

To be clear, I鈥檓 talking about prenup agreements when a foreigner marries an Indonesian.聽

I鈥檝e been having these ongoing discussions for almost as long as I鈥檝e been living here, which is going on 17 years.聽

During that time I鈥檝e met plenty who ascribe to their necessity, and an equal number of those who dismiss the need all together.聽

Usually the importance of a prenup centers around the national government having the right to make an 鈥渆xecusi鈥� or seizure of the land property of an Indonesian national who marries a foreigner without a prenup, and where the foreign spouse has died.聽 However, in my neck of the woods, which is Bali, I have never heard of the government stepping in and declaring ownership of any property with the Hak Milik (land deed) issued to the Indonesian spouse post marriage to a foreigner and where the foreign spouse subsequently passed away.聽

Has anyone ever heard of this happening?聽 And by that question, can we dismiss hearsay or rumor, and be factual?

In the event this discussion gets serious, and one which is engaging to other readers, allow me to inject a few 鈥渃urve balls.鈥�

What if in that union of Indonesian/foreigner there are dual national children?聽

And, with the assumption that a prenup is indeed important, what about a 鈥減ostnup鈥� agreement鈥r is the consensus that the couple needs to remarry (and now with a prenup), because a postnup will simply not be sufficient?

kardus Active member

Member since 09 June 2011

kardusActive member12 January 2015 10:34:52

prenup is crucial doesnt matter who you marry,

this kind of thing you cant take it subjectively, when couple seperate 90percent never in good terms, you dont want to end up from sitting in the back seat of a Mercedes to riding motorcyle to work. you dont want end up from a home owner to renting.

I cant urge u strong enough to get a good notary to arrange u with a superb prenup agreement. I heard that the best prenup agreement format is the one prepared by Hotman paris, regardless of his eccentric appearance, the man is a really good lawyer.

Ubudian Indonesia Expert

Member since 28 January 2013

UbudianIndonesia Expert12 January 2015 14:42:18

3214

Kardus, the foreign spouse has NO chance of being a "home owner" in the first place!

kardus Active member

Member since 09 June 2011

kardusActive member12 January 2015 14:59:58

There are many ways around tht, get the spouse to sign a loan agreement where the house is use as collateral, your lawyer will help you with many different ways in which u can secure the value of the asset

kardus Active member

Member since 09 June 2011

kardusActive member12 January 2015 15:02:28

If u sign prenup saying tht when the house is sold u each get half of whatever its worth, with prenup u walk away with at least something, without prenup u walk away with child support only

Ubudian Indonesia Expert

Member since 28 January 2013

UbudianIndonesia Expert12 January 2015 15:07:06

3214

Fair division of assets is an important part of a pre-nup, I agree, but in no way would the foreign spouse be able to retain ownership of the house as you inferred earlier.聽

Do you have a foreign wife, or are you just "flying by the seat of your pants" here?聽聽

Mikewallace76 Guest

Mikewallace76Guest26 January 2015 11:57:54

Better than a prenup is being smart with your money. If you have kids with your indonesian spouse then consider buying property in your spouses name as an investment for your kids future. If things turn bad then let her keep the property. Being smart means investing only a small part of your money in Indonesia and the rest elsewhere in your own name.