Planning to marry in Indonesia? Here’s everything you need to know about getting a prenuptial agreement.
If you’re getting married in Indonesia — especially as part of a mixed-nationality couple — you’ve probably heard that a prenuptial agreement is important. But what exactly is it, and how do you actually get one?
In this guide, we’ll walk you through everything you need to know, step by step.
What is a Prenuptial Agreement in Indonesia?
A prenuptial agreement — known in Indonesian as perjanjian pranikah — is a written legal contract made by a couple before their marriage. It sets out how assets, property, and debts will be handled during the marriage and in the event of divorce or death.
Under Indonesian law, marriage automatically creates a joint property regime — meaning everything acquired during the marriage is shared equally between spouses. A prenuptial agreement lets couples opt out of this default and define their own arrangement.
Who Needs a Prenuptial Agreement?
A prenuptial agreement is useful for any couple, but it is especially important in the following situations:
Mixed-nationality couples.
Indonesian law prohibits foreigners from owning freehold land (Hak Milik). Without a prenuptial agreement, the joint property regime that automatically applies in marriage can legally strip the Indonesian spouse of their right to own freehold property in their own name. A prenup creates a legal separation of assets and protects both spouses.
Couples with existing assets or businesses.
If either partner owns property, runs a business, or carries debts from before the marriage, a prenuptial agreement clearly defines what stays separate and what becomes shared.
Couples concerned about family inheritance.
Without a prenup, inherited property or family gifts could be treated as joint marital assets. A prenuptial agreement keeps them under the original recipient’s name.
How Does It Work?
In Indonesia, a prenuptial agreement is made by the couple together with a licensed Notary Public (Notaris). The couple is free to determine the content of the agreement, as long as it does not violate Indonesian law, religion, morality, or public order.
The notary’s role is to guide both parties through the content, ensure the agreement complies with Indonesian law, and produce the official Notarial Deed (Akta Notaris). The completed Notarial Deed is then brought to the marriage ceremony — more on this in the steps below.
Step-by-Step: How to Get a Prenuptial Agreement in Indonesia
Step 1: Decide What to Include
Before meeting the notary, talk through what you want the agreement to cover. Common provisions include:
Keeping pre-marital assets separate from joint assets
Clarifying property ownership (especially important for mixed couples)
Division of property in case of divorce
Management of pre-existing debts
Protection of family inheritance or gifts
There is no fixed template — the agreement is flexible and tailored to your needs.
Step 2: Meet with a Notary
Book an appointment with a licensed Indonesian Notary Public (Notaris). Both parties must be present.
The notary will:
Discuss the contents of the agreement with both of you
Ensure everything complies with Indonesian law
Draft and finalize the agreement as a Notarial Deed (Akta Notaris)
Step 3: Sign the Agreement
Once both parties are satisfied with the terms, you sign the Notarial Deed before the notary. The notary verifies both identities and witnesses the signing. You will each receive a copy of the completed Notarial Deed.
Step 4: Bring the Agreement to Your Marriage Ceremony
This is where it differs from what many people expect — the prenuptial agreement is not separately registered at the Civil Registry Office. Instead, the couple brings the completed Notarial Deed directly to their marriage ceremony, where it is presented to the officiating religious authority.
How this works depends on your religion:
For Muslim couples:
The prenuptial agreement is brought to the akad nikah ceremony at the KUA (Kantor Urusan Agama / Office of Religious Affairs). Coordinate with the KUA officer beforehand, as the prenup will be reviewed and acknowledged as part of the marriage registration process.
For non-Muslim couples:
The prenuptial agreement is brought to the religious ceremony. Coordinate with your officiant (priest, pastor, or religious leader) in advance so they are aware. After the religious ceremony, the marriage is then registered at the Civil Registry Office (Dinas Kependudukan dan Catatan Sipil), where the prenup is also acknowledged.
Tip: Always coordinate with your religious officiant or KUA officer before the wedding day to confirm exactly how and when they would like to receive the prenuptial agreement. Requirements can vary slightly by region and religion.
What Can (and Cannot) Be Included
The Civil Code gives couples significant flexibility, but there are clear limits:
You can include: separation of pre-marital and marital assets, property ownership arrangements, debt allocation, business profit management, and protection of family inheritance.
You cannot include: anything contrary to public morality or public order, clauses that conflict with the rights of either spouse as defined by law, inheritance settlement arrangements, or anything that violates Indonesian national or religious law.
Already Married? There’s Still an Option
Under the original marriage law, a prenuptial agreement had to be completed before the wedding. However, a Constitutional Court ruling has since made it legal for couples who are already married to enter into a postnuptial agreement (perjanjian pascanikah) for asset separation at any point during the marriage.
Like a prenup, a postnuptial agreement is drafted as a Notarial Deed. So if you’re already married and didn’t get a prenup, all is not lost — speak to a notary about your options.
Why It Matters for Mixed-Nationality Couples
Indonesian law only allows Indonesian citizens to hold freehold land title (Hak Milik). When an Indonesian citizen marries a foreigner without a prenuptial agreement, the joint property regime automatically applies — meaning any property held under the Indonesian spouse’s name is legally considered jointly owned with the foreign spouse. This creates a direct legal conflict, as a foreigner cannot hold Hak Milik.
If this situation is not resolved, the Indonesian spouse would be required to release or transfer the property within 12 months. If they fail to do so, the property rights can be automatically removed and the land reverts to the state.
A prenuptial agreement — establishing a clear separation of assets — prevents all of this from happening.
Skip the Hassle – Let Bali Apostille Service Handle Everything for You
Navigating the prenuptial agreement process in a foreign country can feel overwhelming, especially when you’re already busy planning a wedding. That’s exactly why we’re here.
At Bali Apostille Service, we work directly with a trusted notary in Bali to make the whole process smooth, straightforward, and stress-free.
Why Choose Bali Apostille Service?
Bali Apostille Service is trusted by hundreds of clients across Indonesia to make document legalization simple and hassle-free.
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