First of all, a post-up is not a backdated prenup. It is signed and dated after your wedding. If you`re married, you`re married. There is no way to go back the clock after you are already married and get a prenup or even an appointment back a prenup. It would be illegal under Indonesian law! The harsh reality is that the courts tend to assume that a prenup is still valid, but they have the opposite reaction to the prenupe back. In most cases, this type of agreement is not valid. Kesepakatan post-nuptial agreement (perjanjian / kesepakatan paska-nikah) pada dasarnya sama dengan kesepakatan pra-nikah. Pre-Nuptial dibuat sebelum menikah, sedangkan Post-Nuptial dibuat setelah pasutri menikah. 5.2 The parties guarantee that they are aware that, according to the matrimonial procedure, this agreement is a binding legal document and that they have been given sufficient time to assess the consequences of its signing. PandaTip: There may be specific rules on how post-uptial agreements should be executed in your country or country. In developing this proposal, we chose an approach for “belts and parentheses” after renewal, as this execution requires the presence of two witnesses who sign before a notary (or lawyer). Your state or country may need less formality or another type of execution.
If you have any doubts about this, you should get advice on the proper execution. In general, agreements observed by independent witnesses and signed before a notary or lawyer are rather confirmed, as they prove to a court that the parties did sign the document and that they should reasonably have known that it should have had serious legal consequences. There are many mixed-national married couples in Indonesia who have not signed a marriage agreement before their marriage. In the absence of a marital agreement, by law, their marriage has a common ownership regime, because the law on marriage – has automatically assumed common ownership regimes within their marriage. This means that each spouse would need the agreement of the other spouse for any transaction with real estate in Indonesia. of: irmadevita.com/2018/postnuptial-agreement-dan-mekanisme-pendaftarannya/ 5.3 The contracting parties guarantee that they fully enter into this post-uptial agreement under their own free will and will and explicitly declare that they are acting totally without any influence, interference, pressure (financial or otherwise), coercion or inappropriate influence of third parties in general. Cinta tanpa harta, nggak usah disebut lah, banyak contoh. Dalam hal ini, Uni Siti masih bolehlah dibilang beruntung, walau tanpa cinta, Datuk Maringgih suaminya, berharta seluas samudera, tinggal tunjuk, beres deh. Bicara rasa, hakul yakin Uni total tidak bahagia. 10. KONFIDENTIDIE Each party irrevocably declares that it will keep the contents of this post-uptial agreement confidential and undertakes to compensate the other for any losses resulting from the public exploitation of this post-uptial agreement or its contents.
3.5 that the above clauses (3.1, 3.2 and 3.3) apply independently of conduct, agreement, undertaking or conduct purporting to transfer the rights or obligations of one contracting party to the other party, unless they are formalized in accordance with paragraph 8 of this post-uptial agreement. Post-nuptial agreements are most often used to resolve financial issues, including real estate in mixed-national marriages. The Postnup is very useful when spouses do not want to create a year of marriage, but to protect their property. This is not common in Indonesia, because the law believes that a prenup should have been made. Therefore, the requirements for a post-postal system are more important than for the implementation of a prenup.