Prenuptial Agreements in Indonesia: Protecting Your Assets Before and After Marriage

A marital agreement — perjanjian perkawinan, often called a prenuptial or "prenup" agreement — is a written agreement between spouses or future spouses that determines how their property and financial obligations will be handled during the marriage and if it ends. It is recognized under Article 29 of Law No. 1 of 1974 on Marriage.

Why it matters: the default rule

Without a marital agreement, assets acquired during the marriage are generally treated as joint marital property (harta bersama), regardless of whose name they are registered under. This also affects how debts and business interests are treated. If a marriage later ends, this default rule is the starting point for dividing assets, as discussed in our overview of divorce and asset division under Indonesian law.

When can it be made?

Traditionally, a marital agreement had to be made before the wedding. That changed with Constitutional Court Decision No. 69/PUU-XIII/2015, which confirmed that a marital agreement can be made before, at the time of, or during the marriage. This is why couples who did not sign anything before their wedding can still do so afterwards, provided both spouses agree.

Validity and registration

• In writing — the agreement must be made in written form
• Validation — it must be validated by the marriage registrar (pegawai pencatat perkawinan) or by a notary
• Registration — recording the agreement in the marriage records matters, because an agreement that is not registered may be difficult to enforce against third parties such as creditors or buyers
• Limits — an agreement cannot violate the law, religious norms, or morality, and changes made later generally require the consent of both spouses and must not harm third parties

What it typically covers

• Complete separation of property, so that each spouse keeps their own assets and is responsible for their own debts
• How income, business interests, and assets owned before the marriage will be treated
• How inherited assets and gifts are handled
• Responsibility for debts and liabilities incurred by either spouse

Why it is especially relevant for mixed-nationality couples

When an Indonesian citizen marries a foreigner without a marital agreement, assets acquired during the marriage are generally joint. Because foreigners cannot hold certain land titles, this can create problems for an Indonesian spouse who wants to hold land or building rights in their own name. The 2015 Constitutional Court case that reshaped this area was brought by an Indonesian woman married to a foreign national. A properly drafted and registered marital agreement separating property is the usual way couples address this, and it is closely connected to the rules explained in our guide to buying property in Bali as a foreigner.

Who commonly considers one

• Business owners and professionals who want to separate personal assets from business liabilities
• Individuals entering a second or later marriage, or who have children from a previous relationship
• Spouses who own property, savings, or a business before the marriage
• Couples where one spouse is a foreign national

A marital agreement is not a sign of distrust. It is a practical way to bring clarity to financial matters while both parties are in agreement, rather than during a dispute. Because it can have long-term consequences, it is generally best prepared with legal advice, with each spouse fully disclosing their assets and understanding what they are agreeing to.