Jakarta, Armfalcon.com – The divorce case of artists Ari Wibowo and Inge Anugrah is still being discussed today. It is known that the two couples who married in 2006 have a prenuptial agreement.
In Article 35 of the Marriage Law, it is clearly stated that property acquired during marriage becomes shared.
But thanks to the existence of a prenuptial agreement, the status of joint property will disappear.
Both the assets and debts of each husband and wife will be the responsibility of each. The legal basis for the prenuptial agreement itself is Article 29 paragraph 1 of Law no. 1 of 1974 concerning Marriage.
So how do you make this agreement and what are the conditions that must be met by a couple to make a prenuptial agreement?
Summarized from the Hukumonline site, here are the steps for making a prenuptial agreement.
Make a list of everything you want with your partner
Anything can be regulated in a prenuptial agreement, including small matters in marriage as long as it does not violate the law.
Prenuptial agreements are free, but legally valid. Therefore, it is very important to make this agreement able to protect your rights and obligations with your partner, instead of making one party feel disadvantaged.
If you experience confusion, don’t hesitate to consult a legal expert or attorney regarding this agreement.
Appoint a notary for attestation
Don’t make an agreement underhand, because that will actually make this agreement weak in the eyes of the law. Make validation to a notary who is an representative of the state.
The notary will draw up the agreement in accordance with what has been written and become an agreement that binds the two parties. Before it is ratified as a deed, you and your partner can still change the prenuptial agreement.
The deed of the prenuptial agreement must be brought to the KUA or the Civil Registration Office
This prenuptial agreement must also be registered with the Office of Religious Affairs (if the couple is Muslim), or Civil Registration (for non-Muslims). It will take approximately two months.
Therefore, it is very important to take into account the time in making this agreement. Do not let this agreement be made at a time that is very close to the marriage ceremony or blessing.Cost of making a prenuptial certificate at a notary
The cost component in making a prenuptial agreement is only one, namely making a deed at a notary. The cost of making this deed is quite diverse, and it all really depends on which notary you go to.
However, in general, the costs that must be paid by prospective married couples to a notary public are Rp. 3 million.