For a long time, many couples in Indonesia believed a marriage agreement could only be signed before the wedding. That changed in 2015, when Constitutional Court Decision No. 69/PUU-XIII/2015 allowed spouses to make an agreement during the marriage as well.
What a marriage agreement can cover
Under the Marriage Law, property acquired during the marriage is treated as joint property unless the spouses agree otherwise. A marriage agreement lets you decide differently, for example:
- keeping each spouse’s income and assets separate;
- deciding who is responsible for debts, including business debts;
- protecting a family business or inherited assets.
Why it matters in a mixed marriage
An Indonesian citizen married to a foreign national without a separation of property may be unable to hold land under freehold title (Hak Milik), because the land would become joint property with a foreigner. A marriage agreement that separates property helps protect this right.
Making it valid
- Agree on the terms together, ideally with independent advice for each spouse.
- Sign the agreement before a notary.
- Register it with the civil registry (Dukcapil) or, for Muslim couples, the religious affairs office (KUA), so that it binds third parties such as banks.
A marriage agreement is not a sign of distrust. It gives both spouses clarity, which often prevents conflict later.
If you are planning to marry or want to review your current arrangement, we can help you prepare an agreement that fits your situation.