What is prenuptial agreement ? It seems this term being new topic in Indonesia lately, especially for the last 3 years. While in US and other western countries, have been already implemented for a long time a go.
A Prenuptial Agreement are simply the joint expression of a couples' wishes, an
agreement signed before a marriage to set forth by contract each person's rights in separate property/ assets, income, liabilities, pension plan, alimony, child support, and inheriting from each other, describes how premarital debts will be paid,that reflects equality in financial matters. The contract is intended to change what would normally occur by law if there is a divorce or if a spouse dies.
This prenuptial agreement is allowable, as long as in line with law, religion, and morale value. This has been in line with Act 1, article 29 : 1974.
This agreement must be fair and reasonable
If we want our assets during marriage are not accummulated as marital property or community property, and still being hold under the name of one spouse -remain as a separate assets - we can do it with prenuptial agreement. Even if one of spouse dies or divorced, then separate assets will remain as separate assets and not be divided between them, and not falls under ‘equitable distribution laws’ classification.
If a spouse dies, then the prenuptial agreement will enable to pass on separate property to the kids from prior marriage.
This will avoid couple from dispute if there is a divorce or a spouse dies.
More couples are using the prenup process to stimulate important conversations about how they define and safeguard their marital union (lifestyle, roles, financial responsibility).
It gives a couple an opportunity to share their hopes and dreams with one another and articulate their aspirations. It’s good if we know our partner’s expectation in advance, by drawing out couple’s desires, having open communication, and establishing rules and policies of their marriage. Therefore it will strengthen our relationship and reduce conflict if we divorce
A relationship built based on reality is better than a relationship built on illusion.
BNI, June 12, 2006
08.15 pm
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