Prenuptial / Postnuptial Agreements

A Marital Property Separation Agreement (Perjanjian Perkawinan) is an essential legal instrument for mixed-nationality couples (Indonesian citizen married to a foreign national) who wish to acquire Freehold (Hak Milik) real estate in Indonesia. Under the Agrarian Law and Indonesian Marriage Law, marriage to a foreign national without a registered marital agreement legally disqualifies the Indonesian spouse from owning freehold land due to marital community property rules.

Following landmark Constitutional Court Decision No. 69/PUU-XIII/2015, couples can now legally execute this agreement either prior to marriage (Prenuptial) or at any time during the active marriage (Postnuptial). The deed must be drafted before an Indonesian notary and formally registered with the Civil Registry Office (Disdukcapil) or Religious Affairs Office (KUA) where the marriage was recorded.

Our legal team drafts airtight marital property separation deeds tailored to protect both partners' personal and pre-marital assets. We coordinate the notarial deed signing in Bali and secure official municipal registration, restoring full, unrestricted freehold property ownership rights for the Indonesian spouse.