As a couple prepares for marriage, most of the focus often goes toward the event itself — from the ceremony and gown to the reception concept. However, amid the wedding preparations, there’s one crucial aspect often overlooked despite its significant impact on the couple’s future: the prenuptial agreement.
This agreement isn’t made out of distrust or fear of losing one another, but rather from mutual awareness — a conscious decision to establish clear rights and responsibilities from the start to prevent future disputes.
Sound financial planning, including the management of assets and household financial responsibilities, helps couples build a secure and respectful foundation for their future together.
To better understand what a prenuptial agreement entails, let’s explore it in detail below.
What Is a Prenuptial Agreement?
A prenuptial agreement is a written contract between a man and a woman made before they are legally married. This agreement typically outlines the rights and responsibilities of each party regarding property, finances, and other important matters to be agreed upon before entering marriage.
It is created consciously and with mutual consent, without any coercion. Therefore, the document holds legal validity as long as it complies with applicable laws and is authorized by an official authority.
The Purpose of a Prenuptial Agreement
The primary purpose of a prenuptial agreement is to provide legal protection for both husband and wife and to prevent potential conflicts in the future. More specifically, it aims to:
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Reduce the risk of disputes related to assets.
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Provide legal clarity regarding each party’s rights and obligations.
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Protect personal assets and financial rights before marriage.
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Offer legal protection in the event of divorce or the death of one party.
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Establish shared financial responsibilities, such as future child education expenses.
Benefits of a Prenuptial Agreement
After understanding its purpose, you may already see the practical benefits of having a prenuptial agreement.
It doesn’t merely separate assets — it also offers financial protection and ensures accountability between partners. The benefits include:
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Clarifying ownership between personal and joint assets, so personal wealth remains separate.
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Protecting business owners from potential disputes involving marital property.
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Providing financial security if one party faces debts or financial issues.
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Serving as a clear legal foundation if conflicts arise in the future.
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Allowing either spouse to sell or manage their personal assets without requiring consent from the other.
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Offering protection for the wife if the husband decides to practice polygamy by setting clear rules on asset division and financial rights.
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Preventing negative intentions in marriage, particularly those related to wealth or responsibility.
Legal Basis of a Prenuptial Agreement
Prenuptial agreements in Indonesia have a clear legal foundation, giving them binding power as long as they don’t violate existing laws, religion, or public morals.
First, Article 29(1) of Law No. 1 of 1974 on Marriage states:
“At the time or before the marriage takes place, both parties, by mutual consent, may submit a written agreement authorized by the marriage registrar, and its contents shall also apply to third parties insofar as they are involved.”
Additionally, Article 139 of the Civil Code (KUH Perdata) stipulates that prospective spouses may, through a marriage agreement, deviate from legal provisions concerning joint property, as long as the agreement does not conflict with good morals, public order, or prevailing laws.
Thus, a prenuptial agreement is drawn up before marriage in the presence of a notary and registered with the Religious Affairs Office (KUA) or Civil Registry Office (Dukcapil).
Furthermore, Constitutional Court Decision No. 69/PUU-XIII/2015 allows the registration of a prenuptial agreement even after marriage has taken place, as long as both parties consent and the agreement is authorized by the marriage registrar.
What Can Be Regulated in a Prenuptial Agreement
A prenuptial agreement may cover a wide range of matters, provided it does not violate existing laws. Commonly included topics are:
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Status of personal and joint property within marriage.
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Distribution of income or profits during marriage.
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Management of debts and loans brought into the marriage.
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Handling of gifts or inheritance received.
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Protection of business or personal assets owned before marriage.
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The wife’s authority to manage her own assets (movable or immovable) without the husband’s consent or power of attorney.
Requirements for a Legally Valid Prenuptial Agreement
To ensure its legal validity, a prenuptial agreement must meet the following requirements:
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National ID (KTP) and Family Card (KK) of both future spouses.
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A legalized copy of the marriage agreement and its original document.
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Marriage certificate extract (after the wedding).
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Passport or limited stay permit (KITAS) for foreign nationals.
The preparation process involves:
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Signing the Prenuptial Agreement Deed before a notary or authorized official.
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The notary issuing a certified copy of the deed.
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Registering the deed at the KUA or Dukcapil, alongside the marriage registration.
How to Create a Prenuptial Agreement in Islamic Marriage
For Muslim couples, here’s how to prepare a prenuptial agreement in accordance with Ministry of Religious Affairs guidelines:
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The agreement can be recorded before, during, or after the marriage ceremony.
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It must be acknowledged by a notary and recorded by the Marriage Registrar (PPN) in the marriage book.
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The agreement must be based on mutual consent, without coercion.
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For marriages conducted abroad, but agreements made in Indonesia, specific legal provisions may apply.
Overall, a prenuptial agreement reflects maturity and readiness in building a transparent and secure household.
By agreeing from the start, both partners have clear legal protection and understanding of their rights and responsibilities.
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