Menjelaskan tentang alur bisnis dan bagaimana cara mengelolanya
Danur Osda Hukum Keluarga,2018/11/08
When you want to marry your partner, many things need to be prepared. One of them is a Prenuptial Agreement. This agreement is made before the wedding is done and binding for both the bride and groom by law.
The essence of the Prenuptial Agreement is about separation of property and debt between husband and wife. But maybe you are still wondering how to obtain a Prenuptial Agreement and what requirements need to be prepared. So, this is a step by step to get a Prenuptial Agreement in Indonesia.
Step 1 Discuss the Contents of Agreement with Your Partner
You and your partner can write down all the things you want to organize in your married life. All can be written, even for trivial matters, like who will bathe your child or wash your clothes at home. Prenuptial agreements can be written as freely as possible. However, the agreement has a legal basis because a notary has approved it.
Step 2 Discuss with a Legal Consultant
If this is your first experience making a Prenuptial Agreement, you should consult with a legal consultant. Because in the beginning, you and your partner may be confused about how to obtain a Prenuptial Agreement and what should be written in that agreement.
Therefore, you need the help of an expert in that field. But if you and your partner are already convinced by what is written in the Prenuptial Agreement, then you don’t have to go to a legal consultant.
Step 3 Take the Agreement to Notary
After you and your partner write down everything you want in a Prenuptial Agreement, bring the agreement to a notary for approval. For making this agreement, you don’t have to take it to court because the notary also has a strong legal basis. In this case, a notary can also act as a witness.
Step 4 Checking the Contents of Agreement
After the agreement is brought to the notary, the sentence in the agreement will be rearranged in Prenuptial Agreement format. You can re-check the contents of the agreement before it is ratified as a deed. If you and your partner feel that there is something wrong with the agreement’s contents, the notary will give time to change it. If the checking stage is completed, the draft will be made into a deed.
Step 5 Bring the Deed to the Civil Registry Office or Kantor Urusan Agama (KUA)
After the notary changes the agreement into a deed, you must bring the agreement to the Civil Registry Office or KUA to register. The agreement must be submitted before the wedding is held. You should make a Prenuptial Agreement at least two months before the wedding. Therefore, you will have time to re-check and revise it.
Prenuptial Agreements are essential to clarify the property, rights, and obligations of married couples. It also relieves you of the obligation to pay off your partner's debt. The agreement also ensures you will not lose your family heritage. In other words, the family inheritance remains your right and will not move to your partner when you’re divorced.