YOGYAKARTA - Couples who are going to get married need to know what a prenuptial agreement is. A prenuptial agreement is a written agreement agreed upon by both parties to the bride and groom and ratified by the marriage registration officer. The rules regarding prenuptial agreements are contained in Article 29 of Law Number 1 of 1974 concerning Marriage.
The Marriage Law stipulates that making a prenuptial agreement can be done before marriage or at the time of marriage. Then the agreement comes into effect when the marriage takes place. However, the prenuptial agreement is optional, so it is not obligatory to make it if the bride and groom don't want it.
Even though it is optional, a prenuptial agreement is important to do to avoid various detrimental risks that can occur when you are married. So you need to understand the contents of the prenuptial agreement.
What Is a Prenuptial Agreement?
Prenuptial agreement is an agreement made by the bride and groom before carrying out the marriage. Generally, prenuptial agreements contain arrangements for the assets of the prospective bride and groom. In addition, this agreement also regulates important matters in household relations.
So the prenuptial agreement will bind the marital relationship between husband and wife and regulate the effects of marriage on assets. This agreement is made so that the prospective bride and groom really plan the wedding carefully and to avoid various detrimental risks that might occur when married.
Things to Look For When Making a Prenuptial Agreement
Prenuptial agreements are very important, but there are still many Indonesian people who don't know about this. The content of the prenuptial agreement is very important so that there is no conflict in the process of dividing assets.
Making a prenuptial agreement needs to consider the following points:
1. Openness
The bride and groom must be open in terms of finances, both before marriage and after marriage. The transparency in question includes the amount of each other's innate assets and the potential for additional assets when they are married.
Apart from that, the bride and groom also need to be open about their debts and decide who is responsible for paying them off. Disclosure is needed to avoid any party feeling aggrieved.
2. Willingness
The bride and groom need to consider willingness when going to do the wedding. The willingness in question is agreeing to the contents of the prenuptial agreement and being willing to sign without any element of coercion.
3. Objective
Objective nature must be carried out when making a prenuptial agreement. So it's a good idea to ask a reputable authority for help drawing up a prenuptial agreement. This step is necessary so that the contents of the agreement can provide justice for the husband and wife.
4. Made Before a Notary
The prenuptial agreement agreed upon by both parties must be signed under signature or ratified by a notary. After being made before a notary, this agreement must also be registered by an KUA employee or civil registry office.
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Wealth Arrangements in the Prenuptial Agreement
The prenuptial agreement generally regulates the provisions for dividing the assets of the husband and wife during the marriage. The assets acquired during the marriage from both the husband and wife should become marital property or joint property (gono-gini).
This provision is in accordance with Article 119 of the Civil Code (KUH Per), which reads:
"From the time the marriage took place, according to the law there is a total shared property between the husband and wife, as long as there are no other provisions in the marriage agreement. The joint property, while the marriage is in progress, may not be held or changed with an agreement between the husband and wife ."
If the marital relationship is dissolved due to divorce, the wealth is divided between the husband and wife. Meanwhile, if the marriage ends due to death, the assets will be handed over to the heirs.
In Article 35 of the Marriage Law, marital assets are divided into two types, namely:
- Property acquired during marriage. This property is shared property.
- Inheritance or property acquired by the husband or wife before marriage, such as gifts or inheritance. This property is under the control of each party as long as the parties do not specify otherwise or are not regulated in the prenuptial agreement.
This is an explanation of the prenuptial agreement that the bride and groom must know. Prenuptial agreements are important to do to avoid various detrimental risks that could occur in household relationships, especially those related to money.
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