Strange advice from notaries about getting a prenup

[djwork]

[FONT=Times New Roman][SIZE=3]Hi All[/SIZE][/FONT]
[SIZE=3][FONT=Times New Roman] I have sent my fiancée out on a mission to find a notary for our prenup. The purpose of the prenup is to allow my future wife to retain the right to purchase property in Indonesia after we marry.[/FONT][/SIZE]
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[FONT=Times New Roman][SIZE=3]So far she has asked 3 separate notaries (in the Surakarta area) and they have all told her that she needs to register the prenup where she wants to buy land. The implication being that we would need to register a separate prenup in every regency she could ever wish to hold land in.[/SIZE][/FONT]
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[FONT=Times New Roman][SIZE=3]Honestly this sounds like complete BS but I thought I would ask if any forum members have had similar advice?[/SIZE][/FONT]
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[FONT=Times New Roman][SIZE=3]Cheers[/SIZE][/FONT]
[FONT=Times New Roman][SIZE=3]Daniel[/SIZE][/FONT]

[mercime]

Regional autonomy has made a bad situation even worse.

If buying property is such a risky business for mixed marriage couples then perhaps you could suggest to your wife that she might want to invest in something else other than land/property ?

[ohmdafyd]

Regional autonomy has made a bad situation even worse.

If buying property is such a risky business for mixed marriage couples then perhaps you could suggest to your wife that she might want to invest in something else other than land/property ?

I don't believe that Regional Autonomy can enact any Law that contradicts the National Law of Indonesia

[kingwilly]

never heard of that one before..... did they offer a cheap bulk deal on all the prenup work they'd do for you ? :P

[djwork]

never heard of that one before..... did they offer a cheap bulk deal on all the prenup work they'd do for you ? :P

not as far as my fiancee told me, honestly I think we are dealing with an area of the law outside there experince and that is the problem.

[marcus]

Recently I searched the internet for "perjanjian perkawinan/pranikah" and found many samples . One of them stated that the prenup would be registered at the National Court (Ketua Pengadilan Negeri) . I showed that to one notary here but she told me it was not necessary to do anything else than just make the prenup and present it to the marriage office together with the other documents to marry .

[ohmdafyd]

Recently I searched the internet for "perjanjian perkawinan/pranikah" and found many samples . One of them stated that the prenup would be registered at the National Court (Ketua Pengadilan Negeri) . I showed that to one notary here but she told me it was not necessary to do anything else than just make the prenup and present it to the marriage office together with the other documents to marry .

Perhap that is correct and sufficient Marcus, I don't know for a fact, but I believe Atlantis has stated somewhere else in the forum that a Pre Nup must be registerred with the appropiate Courts, which one I have no idea, but it makes sense to me given it is a legal separation of assets that are otherwise regulated by National Legislation.
Assuming that is correct, I would hate to have not undertaken this aspect of the process and end up in a Court of Law trying to argue the point without officially having it registerred with the Courts.

What did others do, KW you have one ...

[ohmdafyd]

Atlantis has clarified the issue of registerring a pre Nup in another thread and states that is is not a requirement for it to be done through the Courts, I stand corrected ...

http://www.livinginindonesiaforum.org/showthread.php?p=65678&page=3#post65678

[djwork]

Atlantis has clarified the issue of registerring a pre Nup in another thread and states that is is not a requirement for it to be done through the Courts, I stand corrected ...

http://www.livinginindonesiaforum.or...ge=3#post65678

Thanks omdafyd but we are getting married in australia so the marriage registery option is closed to us.
Cheers
Daniel

[ohmdafyd]

Thanks omdafyd but we are getting married in australia so the marriage registery option is closed to us.
Cheers
Daniel

Not neccesarily, you can register your marriage at the Indonesian Consul in your City, there is then a possibility that you might be able to register a pre nup somehow, I would certainly give it a try.
Our local Cap sil insists rightly or wrongly that we need to do this before we can register out Marriage in Indo to apply for a KITAS and I know for a fact there is a process available at the Australian Consuls for doing so.
Talk to them about your Pre nup situation, they may have a solution, they may not, in either event would you mind posting the outcome of your discussion with them about it.

Congrats and selamat success for your future together.