Jakarta, Armfalcon.com – Singer Virgoun’s affair scandal immediately caught the attention of netizens and the media. It was also revealed that the agreement that had been written and signed by Virgoun and his wife, regarding what Virgoun would do if he returned to commit acts that hurt the dignity of his wife and family.
Virgoun made the agreement because he was caught having an affair in 2021.
As reported by detik, in a letter of agreement written on August 22, 2022, Virgoun stated that he was ready to be processed according to Islamic law and Indonesian law according to Article 284, up to divorcing Inara Rusli and handing over custody of the child to Inara.
One point that Virgoun promised was a living of IDR 40 million per month for his family.
However, the thing that will raise questions is, can the agreement between husband and wife be kept, or can it even harm the wife? Here’s an explanation.
It can be detrimental to your partner if…
The agreement between Virgoun and Inara could be valid if it met the requirements as stated in Article 1320 of the Indonesian Civil Code (KUH Perdata).
However, if the agreement is made privately without notary approval, then the agreement can be legally weak. It could be, one of the parties does not heed this agreement and evades its obligations.
If this happens, the prosecution may be challenged to provide evidence, this process can take quite a long time, and in the end, financial losses can be experienced by one of the parties.
The existence of a notary who is an extension of the state can certainly strengthen the agreement made by the two partners.
Post-nuptial agreement can be a solution?
Apart from prenuptial agreements, there are also postnuptial agreements. These two agreements are actually not different and both regulate the separation of assets between spouses and other agreements, it’s just that the time of manufacture is different.
As the name implies, a post-nuptial agreement is made after the marriage takes place. This is already set in Constitutional Court Decision Number 69/PUU-XIII/2015.
When a couple agrees to make this agreement, this agreement is not only legalized by a notary, but also registered by officials from the Office of Religious Affairs (KUA) or the Department of Population and Civil Registration.