davita wrote
Not many mixed marriage couples had ever heard of pre-nups until recently...I never did when I married over 28 years ago. That pre-nup law was not considered as a mixed marriage provision but to preserve assets of Indonesian marriages. It just happens, and recently discovered, to provide an opportunity for mixed marriage property ownership.
Also, many mixed marriages were conducted abroad and later registered in Indonesia, which kinda obviated that opportunity as it isn't clear how to proceed...even today.
This situation has created the scenario of Indonesian female spouses cheating the system by purchasing Hak Milik in their maiden name, although married to a foreigner. The consequences of this could be far reaching if those same 'powers' decided to check.
I hear you davita. The laws regarding prenup, marriage registration etc (either in Indonesia or outside and then registering in Indonesia) are unnecessarily complicated and the procedures are not transparent. In addition, government officials, whether in Indonesia or at embassies abroad, can provide accurate, inaccurate or just plain misleading advice in any given moment, so how can you rely on it? I agree that maybe a post-nup could be a potential answer if it was given legal effect as a pre-nup is.
As to the local spouses cheating the system, this rages on to this day, not only with respect to property, but also nationality. Most of the WNI's I know in Singapore married to a foreigner have taken a second passport from their husband's country, with Indonesia (which does not allow dual citizenship) being none the wiser.
