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What is different about prenuptial, postnuptial, antenuptial agreement?

Danur Osda Hukum Keluarga,2018/11/08

This is an overview of different about prenuptial, postnuptial, antenuptial agreement. Read it to gain in-depth understanding!


Many couples who want to get married are still hesitant to make a Prenuptial Agreement. The reason is that some people negatively see this agreement. Like for example, even though you’re not officially married, you have discussed the wealth. In addition, this type of agreement is assumed as if the marriage will end. However, a Prenuptial Agreement will help a couple in the future when things go wrong.

Other than the prenup, there is another type of marriage agreement that you should know. Those agreements are called postnuptial an antenuptial agreement. For more details, this is an overview of different about prenuptial, postnuptial, antenuptial agreement.

Prenuptial Agreement

Prenuptial Agreement (simply called prenup) is an agreement that made before marriage. This agreement binds both parties legally. The contents of the agreement could be regarding the issue of division of property that covers what belongs to the husband or wife. 

Another point that often found in the prenup is what the responsibility of husband and wife in the household is, or related to the property of each party to be able to distinguish which is the wife's estate and which is the husband's estate, in case of divorce or death. Also, a Prenuptial Agreement usually made for the benefit of legal protection of the couple's property. Therefore, this agreement is more often made by the upper class that has large inheritance.

Postnuptial Agreement

The Postnuptial Agreement or often called postnup is the same as Prenuptial Agreements. It's just that you and your spouse make it after you are officially married. This agreement accommodates the responsibilities and obligations of each spouse in a marriage. Preparing for postnup may be a little more difficult because the couple must analyze their debts, assets, and spending habit. They also have to see the impact of financial stress on their life.

When making this agreement, a couple can also discuss issues such as how much money they should give to their children from first marriage or how many friends are allowed to come home during the night. When in making prenup, you can use only one legal counsel, it's different when you create postnup because you and your spouse are more advisable to have a separate lawyer. If you don’t have a separate lawyer, the court will see your agreement unfair and could not authorize the agreement.

Antenuptial Agreement

An antenuptial agreement is another term for the prenup. This agreement is made by the couple who is planning to tie the knot. It usually contains information about all assets owned by each, as well as how much they owe. The other point that included in this written contract is about the property of each after they said marriage vows. An Antenuptial Agreement is also used to determine how assets or wealth will be shared between the two and whether the ex-husband still provides benefits to the ex-wife after the divorce.

Should the Antenuptial Agreements be made in writing? Yes, this agreement must be made in writing and signed by both parties. This agreement may also be altered or even revoked. The solution is to make a new agreement and then sign it together. So, this is an overview of different about prenuptial, postnuptial, antenuptial agreement. Hopefully, this information is useful to you.

Source: Prenuptial Agreements for Mixed Marriage Couples in Indonesia

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