Need to figure out the cost of registering the prenuptial agreement? You can check the estimation of the cost here.
Having a mixed marriage, where your spouse is not from Indonesia, may bring about some issues in the marriage later. To avoid certain issues that will happen, you and your spouse can create a prenuptial agreement. As clearly stated in the Law of the Republic of Indonesia, number 1 of the year 1974 on marriage, chapter V, article 29, that at the time of, or previous to the wedding, with approval from both sides, may conduct a written agreement which is to be legalized by the marriage registering official.
This implies that you can conduct the prenuptial agreement before the officiation of the marriage. Here is the preparation of the documents needed, the registration, and the cost of registering a prenuptial agreement.
What Documents Required for a Prenuptial Agreement?
If you want to incorporate the prenuptial agreement, you need to submit the documents required. The documents are:
1. The copy ID card and the family card (for Indonesian citizen)
2. The copy of a passport and a temporary stay permit (KITAS) for a foreigner
If your marriage takes place in overseas, some following documents are required.
1. The copy of the passport (both spouses)
2. The copy of the marriage certificate
3. The copy of the ID card and family card (for Indonesian spouse)
4. The wedding photos with the groom standing on the right side of the bride
What Registration Needed for a Prenuptial Agreement?
If you want to have the prenuptial agreement registered, you need to register in the civil registry (Catatan Sipil) or the office of religious affairs (Kantor Urusan Agama) in Indonesia. To ensure that the premarital agreement occurs, you need to record you and your spouse’s agreement to the local district court and the marriage registry. If you do not record your marriage and the agreement at the local district court, then the marriage will be considered as if there is no prenuptial agreement exists.
How much does it Cost to Register a Prenuptial Agreement?
There are two ways of registering a prenuptial agreement. You can register the agreement by yourself or ask the legal help. Here are details on the cost you will spend if you want to register the agreement by yourself.
1. The legal service by the notary. It costs from IDR2,500,000 till IDR5,000,000
2. The stamp of the approval of the premarital agreement for both the prospective husband and wife. It costs IDR300,000
3. The registration fee in the civil registry IDR200,000 (the fee depends on the place where you register the agreement)
If you plan to use the legal services on your prenuptial agreement, here is the estimation of the costs. The cost can be cheaper or more expensive. It depends on the law firm you use.
1. The legal cost for using the lawyer’s services on the overseas marriage registration is approximately IDR14,000,000. This cost covers the fee of the lawyer, the registration, the expenses at Indonesian government institution
2. The legal cost for using the lawyer’s services is approximately IDR28,500,000. The fee includes the fee for the lawyer, the registration, the expenses at the district court, notarization, and English translation. If your ID card or your spouse is outside Jakarta, the disbursement of the trip can be charged about IDR9,000,000.
In conclusion, you can choose to register your prenuptial agreement by yourself or use the law firm to help you.