Last updated
A prenuptial or postnuptial agreement in Bali is a notarial deed that separates the property of two spouses (pisah harta). Without one, Indonesian marriage law puts what either spouse owns or buys during the marriage into joint marital property. In a mixed marriage that is a real problem: a foreigner cannot hold freehold land, and land held by an Indonesian married to a foreigner stays outside joint property only where a notarial separation-of-property deed exists.
Fees: the agreement is a notarial deed, quoted with the capped notary fee and Rp 10,000 stamp duty per document before drafting starts. See notary fees in Bali.
Prenup or postnup?
Prenup. Signed before the wedding, so property is separated from day one.
Postnup. Since Constitutional Court decision 69/PUU-XIII, couples who are already married can make one too. The catch is timing: a postnup protects assets acquired after it is registered. What is already in the joint pool stays there. The earlier you sign, the more it protects.
Why do mixed couples make a prenup in Indonesia?
Hak Milik and HGB land can only be held by Indonesian citizens. If an Indonesian spouse buys land during a marriage with no agreement, it becomes joint property with the foreign spouse, and that foreign interest taints the title. A registered agreement lets the Indonesian spouse hold Hak Milik land in their own name. The foreign spouse should not fund it directly, or the title may be treated as a nominee structure. See buying property in Bali.
What does a prenup or postnup usually cover?
- Complete separation of property, and of debts and liabilities
- A list of the assets each spouse brings into the marriage
- Inheritances received during the marriage
- Business income
- A statement that land registered in the Indonesian spouse's name belongs to that spouse alone
- Which courts decide disputes about Indonesian assets
How is a prenup made and registered?
- Consultation on nationalities, assets and property plans.
- Bilingual draft in Indonesian and English, with the Indonesian text controlling.
- Notarial deed. Both spouses sign in person before the notary with two witnesses.
- Registration at the Civil Registry (Dukcapil) or Religious Affairs Office where the marriage is recorded. A postnup must be registered within 30 days of signing.
The process usually takes 7 to 14 days. Signing can be arranged in Canggu, Denpasar or Ubud.
Is a prenup made abroad valid in Indonesia?
A prenup signed in another country does not bind Indonesian assets on its own. It has to be adapted into an Indonesian notarial deed and registered here. Where an Indonesian document must be used abroad, an apostille follows. Families thinking about the next generation should read about wills in Bali too.
