Planning to get married or already living a married life but still want to feel financially secure?
Many couples are now realizing the importance of solid financial protection in marriage — including how assets are managed.
This is where a prenuptial agreement (known in Indonesia as perjanjian pisah harta) becomes an essential topic to understand.
It’s not about mistrust, but rather about ensuring that both partners’ rights are well-protected throughout the marriage.
A prenuptial agreement also provides clear legal protection in case of unforeseen events in the future.
This article will cover everything you need to know — from its definition and benefits to the legal process of creating one. Let’s take a closer look.
What Is a Prenuptial Agreement?
A prenuptial agreement is a legal contract between a husband and wife that separates ownership of assets during marriage.
Through this agreement, each party retains full control over their individual property, which will not be automatically combined into marital assets.
The legal basis for prenuptial agreements is found in Indonesia’s Civil Code (KUHPerdata) and Law No. 1 of 1974 on Marriage.
Under Article 29 of the Marriage Law, it is stated that before or at the time of marriage, the couple may enter into a written agreement, ratified by a marriage registrar, so that it holds legal force — including against third parties.
However, the content of the agreement must not conflict with law, religion, or moral values. Once approved and the marriage takes place, the agreement becomes valid and can only be amended if both parties mutually agree to revise it.
Benefits of a Prenuptial Agreement
The main purpose of a prenuptial agreement is to limit legal liability to each partner’s personal assets.
This means that if one spouse faces legal issues or financial obligations such as debt or asset seizure, the other spouse’s assets remain safe because they are legally separated.
This protection ensures that personal property cannot be claimed by third parties.
Beyond that, there are several additional advantages of having a prenuptial agreement:
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Protects personal assets acquired before marriage:
Any property owned before the wedding remains private and does not automatically become marital property. -
Provides protection in business or bankruptcy risks:
If one spouse suffers a business loss or is declared bankrupt, the other spouse’s assets remain unaffected by law. -
Secures a wife’s financial rights in a polygamous marriage:
The agreement helps ensure that financial entitlements remain clear if the husband decides to remarry. -
Simplifies management of personal assets:
A spouse can sell, mortgage, or manage their own property without needing the other’s approval, as long as it is legally separate. -
Reduces potential property disputes:
Clear boundaries on asset ownership help prevent future conflicts related to finances.
Key Provisions of a Prenuptial Agreement
Generally, a prenuptial agreement outlines how ownership and rights over assets are separated during marriage.
In Indonesian law, marital assets are divided into two categories: individual property and community property.
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Individual property refers to assets owned before marriage, which legally remain personal and do not automatically turn into marital assets.
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Community property includes all assets acquired by either spouse during the marriage, regardless of whose name they are registered under.
Article 35(1) of the Marriage Law states:
“Assets acquired during the marriage shall constitute community property.”
This aligns with Article 1(f) of the Compilation of Islamic Law (KHI), which similarly defines community property as everything obtained during the marriage, whether individually or jointly.
Therefore, a prenuptial agreement allows couples to clearly determine which assets remain individually owned and how community property will be managed.
While personal assets are by default private, a formal agreement is needed to legally regulate and separate community property.
Keep in mind that a prenuptial agreement can only be made based on mutual consent.
Both husband and wife must fully agree and understand its contents before it is ratified to avoid disputes in the future.
How to Make a Prenuptial Agreement
A prenuptial agreement can be created before or after marriage.
However, it cannot be made privately between spouses — it must be drafted and legalized before a notary to hold legal force.
Required documents:
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National ID (KTP) and Family Card (KK) of both parties
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Marriage certificate (if already married)
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Passport or KITAS (for foreign nationals)
At the notary’s office, both parties will sign the deed (minuta akta) as formal consent.
The notary will then issue an official copy of the prenuptial agreement for each spouse.
Next, the document must be registered with the relevant authority — such as the Office of Religious Affairs (KUA) or the Civil Registry Office.
For Muslim couples, the Marriage Registrar (PPN) will also record the agreement in the marriage book.
Estimated cost:
Fees vary by region and notary policy, but typically range from IDR 1.5 million to 5 million.
Understanding prenuptial agreements doesn’t diminish the meaning of marriage — instead, it’s a wise and lawful step to protect each partner’s rights.
By defining asset ownership clearly from the start, couples can build a marriage based on transparency and mutual commitment, minimizing potential financial disputes in the future.
If you wish to ensure that your personal assets are safely and legally protected, creating a prenuptial agreement through a notary is the right step.
Beyond prenuptial agreements, newlyweds may also face unpredictable financial needs.
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