handiramy's Blog

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PRENUPTIAL AGREEMENT

on January 16, 2015

Prenuptial agreement must be incorporated prior to your marriage. It must be registered both at the district court and marriage registry before on the date of marriage. The idea behind the prenup’s issues are, among others, the 1965 Agrarian Law that forbids foreigners to own property in Indonesia. Indonesian citizen married to the foreigner will be precluded to own free-hold title in Indonesia. So, the solution to get around these issues is by incorporating a prenuptial agreement regarding separation of property prior to your marriage.

All documents required for this proceedings are copy documents, therefor If you are interested to incorporate a prenup with our firm you can send the scanned-copy documents to us by email. Please also fill-in the questionnaire and have it signed both of you, and forward the scanned-copy to us. We will then draft the prenup and will forward you via email for comments and revisions. When you find the draft is final, then it is ready to be signed. So, you and your fiancé need only one travel to our office to sign the deed. (Unless you need to meet us in person to have a consulting with our attorney). After we acquired your signatures, we will register the prenup at the district court. Please be advised that the prenup will be in Bahasa Indonesia, and English is for understanding only. In the event there is different understanding, the Indonesian version shall apply. For your information, in accordance with the Indonesian law on prenuptial agreement, prenup must also be registered with marriage registry and have the details on your marriage certificate.

Incorporating a prenuptial agreement will require the following supporting documents:

1. Copy of ID card (so called “KTP”) and Family Card/Kartu Keluarga for Indonesian;
2. Copy of passport photo page and KITAS (if applicable), for foreigner.

Legal costs for rendering our services is USD 2,000.00 including our lawyer’s fee, registration fee and government expenses at district court, notarization, and English translation fee, excluding normal disbursement if Indonesian spouse’s KTP/ID card outside Jakarta. Normal disbursement per trip is USD 650.00. For more detail, please find our quotation letter as attached.

Since you plan your marriage abroad, you will need to register your overseas marriage here in Indonesia As governed by the Indonesia’s 1974 Marriage Law, overseas marriage is not recognized in Indonesia until you lodge application for Tanda Bukti Laporan Perkawinan/TBLP (Certificate of Marriage Reporting) for overseas marriage. Registration of overseas marriage must be made within 30 days. The TBLP shall consist of details of you and your foreign husband such as name, dates of birth, place and date of marriage, and photo with the groom standing on the right side of the bride. Upon receipt of registration, they will issue a TBLP. The certificate shall create legal recognition of your marriage by the Indonesian laws.
Therefor we also attach the quotation for overseas marriage registration.

Supporting documents required for the proceedings are:

1. Copy of your marriage certificate;
2. Copy of your passports (both spouses);
3. Copy of wife’s passport and immigration stamp page leaving and entering Indonesia;
4. Copy of Wife KTP (ID Card) and family card;
5. Wedding photo(s) with the groom standing on the right side of the bride.

Legal costs for rendering our services on overseas marriage registration is USD 1,000.00 which covers our lawyer’s fee, registration fee and expenses at Indonesian government institutions, excluding normal disbursement if Indonesian spouse’s KTP/ID card outside Jakarta. Normal disbursement per trip is USD 650.00.

I believe those above answer your questions. Should you accept our quote, please sign the quotation letter and send back the scanned copy to us as well as other …

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Semoga bermanfaat! ^_^

Source: Facebook Group: Foreign Relationship Community / FRC, posted by admin.

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