Thread: Property with mixed marriage

Originally Posted by Fred2

When you register in Indonesia you show your marriage cert from oversea, the date on your pre-nup will have to before the date on the wedding cert.

It's correct that the date on the pre-nup will have to be prior to the date on the wedding cert, but equally important, the pre-nup needs to be registered with the Indonesian authorities before the date on the wedding cert. Also, I believe that the pre-nup needs to be in Indonesian and contain certain clauses which a notary can advise and prepare. So just having a document with a date prior to the wedding cert date will not be effective. Though we didn't use this law firm, www dot wijayaco dot com does a lot of international work and has some useful information on their site regarding mixed marriage registration, overseas marriages, pre-nups etc etc.

What does the pre nup have to say? Does it just say that I won't inherit any property if my wife dies before I do? How does a pre nup get registered anyway. We were married by a justice of the peace in a field in Vermont. We have a legal marriage paper from the town clerk, notorized. Since I know the people there they might date the pre nup to accomodate the Indonesian requirements. It might be worth a try. My wife is trying to contact the
Indonesian embassy in Washington DC to see about registering our marriage. Another good reason for registering the marriage, as I am learning, is a
new regulation next year that will make it much easier for a spouse of an Indonesian citizen to get a visa with KITAS and work privileges. That is a
very good thing if it is true and if the government agencies know about it. Certainly a lot to talk about when it comes to Indonesian regulations. I appreciate all the responses and good ideas. Ricker

Hi rickerw, it's definitely a good idea to register your marriage in Indonesia, especially if you want to avail of the spouse sponsored KITAS. Even if the registration is late, you will only be fined 1 million rupiah, I believe. As for your pre-nup, or lack thereof, I think that you're out of luck. It should have been prepared by an Indonesian notary or lawyer, and executed and registered in Indonesia before the date of your marriage. However, all is not lost... As Fred2 suggested earlier, if you want to buy property you can put it in the name of your mother in law or another close family member on your wife's side. If you want to make this arrangement stronger (from your perspective), you can always have the family member lease you back the property for 25 years. In the event that your wife presently owns property in Indonesia, you might consider transferring it before registering the marriage in Indonesia, as without the valid pre-nup your wife is no longer entitled to own land in her name and would therefore have a difficult time selling it. Hope this helps. Cheers, Mark

That is a great help and good thinking. Some of these issues are a little difficult to sort out. Your suggestions
make the most sense and will cost the least money. Any property acquired or passed around can be in the name of my stepdaughter. I want to take advantage of the KITAS benefit that comes next year, so I understand, to
the spouse of an Indonesian. The other visas- retirement or limited stay and others cost quite a bit on an annual basis. The best new idea you came up with has to do with leasing back the property for any number of years.
Thanks for thinking of that! Cheers to you! Ricker

Ricker a non-working Spouse KITAS has been available for a few years now, I have one myself.

Can you tell me about how much it costs and how to go about it? I appreciate your help. How about working
free lance, teaching painting to individual students or guitar lessons- things like that. Is that a problem? R

Its a non-working visa, I got lucky and paid around 1.1 Million Rupiah all up.

I think the KITAS you're referring to is this one.

Permanent Residence for Mix-marriage Spouse
New immigration laws for foreigners married to Indonesian citizens

Thanks. I read it. If you think registering the marriage and applying for the visa would be better done in Bali, and if you have an agent to recommend I would appreciate knowing about that. Thanks for your help. Ricker

Originally Posted by rickerw

Can you tell me about how much it costs and how to go about it? I appreciate your help. How about working
free lance, teaching painting to individual students or guitar lessons- things like that. Is that a problem? R

You will need to come to Indonesia on a sobud visa $60(6 months) you will get one at your local Indonesia embassy in your country, this will give you time to do all your paper work. You can then convert your sobud to a wife sponsored Kitas rp1.5mil(1 year), when you go to renew your Kitas on the third year, you can then convert it to a Kitap rp3.5mil(the new 5 year visa). All these visa's are non-working, so that means NO working.

Ricker I didn't use an agent, I wasn't prepared to pay 7 to 10 times the price.

The Kitap is what you want, currently its a non-working visa which is said to change in the near future. Word is is that it will allow you to work under certain conditions. Most probably the same conditions as a working Visa.