What happens if we get divorced??? :)

[rasi]

So my husband and I are planning to buy a house in Bali (well my parents are paying.) Obviously it can't be in my name so it will just be in my husbands name (he is Indo). I don't plan on getting divorced, but if we did and it turned messy and nasty would I have absolutely no rights to the house? My Mum says she will get something written up and signed by a Notaris but I'm thinking paper work really doesn't mean much in Indonesia, especially if we are Western and he is Indoensian...

Next question is: If my husband died, what would happen to the house? Would it go to our kids? I would hate for it to automatically go to his parents... The family lives in Java, does that make a difference?

 

[spicyayam]

I believe all assets are split 50/50 in the event of a divorce in Indonesia. If your husband dies, since you are a foreigner you can't own the property, but you do get one year to sell it. If you have kids, then I think percentages go to them also.

Also, your marriage will have to have been registered in Indonesia, otherwise I believe you won't have any rights over the property.

I'm thinking paper work really doesn't mean much in Indonesia, especially if we are Western and he is Indoensian.

I am not sure why you think this. Actually it is a good idea I believe for foreigners who marry an Indonesian citizen to get a prenuptial agreement which covers this kind of thing. Some people have the opinion that Indonesians married to a foreigner cannot own property in Indonesia without a prenup agreement.

Best to speak to a notary who can advise further on your situation.

 

[mat]

When you register you marriage in Indonesia you will/should be asked what happens in the case of a divorce. Well, I was. We were given the choice of 100% going to my Indonesian spouse or the 50- 50 option, [which we went for] It's a sort of registered prenup agreement and should cost you next to nothing. All what Spicy says is right about ownership and selling within a year.

 

[rasi]

Wow! You learn something new every day!

Thanks so much for the replies, I will go and register us when we move there

 

[rasi]

Forgot

Oh I just meant about the paperwork not meaning anything coz I have seen people included in family books that are not even related, making drivers license with out doing the test, making ID when you don't live in that place etc... Just the usual, so I thought paperwork doesn't mean much?? That was just my thoughts

 

[Fred2]

You can buy a house but if you don't have a prenup you cannot register the land at the goverment office. Make sure you have a paper trail of were the money comes from in case things go wrong.
hope that helps:icon_lol:

 

[tintin]

Since, as far as I know, there are no lawyers on this blog, much less lawyers knowledgeable in Indonesian Law, if I were you, I'd get a REAL lawyer. Among other things, for a mix-nationality marriage, he/she would be able to tell you how "serious" a prenuptial agreement is.

 

[hermit]

lawyer or notary

Since, as far as I know, there are no lawyers on this blog, much less lawyers knowledgeable in Indonesian Law, if I were you, I'd get a REAL lawyer. Among other things, for a mix-nationality marriage, he/she would be able to tell you how "serious" a prenuptial agreement is.

I agree,but i think in the indonesion system the notary is the person to go to for this kind of things.

 

[gilbert de jong]

You can buy a house but if you don't have a prenup you cannot register the land at the goverment office. Make sure you have a paper trail of were the money comes from in case things go wrong.
hope that helps:icon_lol:

??? you can buy a house but can't register the land on wich the house is build on??? could you elaborate a little more, seems like you can own the cow but you can't milk it if you know what I'm saying....

 

[balibule]

prenuptial vs postnuptial agreement

Ok, I am in a similar situation as Rasi I think. I am married to an Indonesian partner, have all the proper paperwork but do not have a prenuptial agreement (duh).

I have also read that there are some issues with the postnuptial agreement; Postnuptial Agreement in Indonesia

Does anyone know of a good lawyer (n Bali) who specializes in this kind of stuff and who can help with this?

Thanks!

 

[goldminer]

Ok, I am in a similar situation as Rasi I think. I am married to an Indonesian partner, have all the proper paperwork but do not have a prenuptial agreement (duh).

I have also read that there are some issues with the postnuptial agreement; Postnuptial Agreement in Indonesia

Does anyone know of a good lawyer (n Bali) who specializes in this kind of stuff and who can help with this?

Thanks!

Getting a prenuptial is possible, even after marriage. :icon_rolleyes: Like everything else in Indonesia, it comes at a price. I have someone in Jakarta that does it, if that is of any use to you. PM me.

 

[spicyayam]

I didn't think you could get a "postnuptial agreement". It even says on the site you linked to:

Indonesia's Marriage Law only recognizes prenuptial agreements

I believe that notaries are the ones that make these types of agreements.

 

[goldminer]

I didn't think you could get a "postnuptial agreement". It even says on the site you linked to:



I believe that notaries are the ones that make these types of agreements.

Like i said Spicy, its a prenuptial, but obtained after you are married....as if you got it before you got married. Go figure. :icon_biggrin:

 

[gilbert de jong]

so the document or prenup just get's backdated? as in made and signed on a date previous to the weddingdate...

 

[goldminer]

so the document or prenup just get's backdated? as in made and signed on a date previous to the weddingdate...

Exactly. You are onto it Gil :icon_lol:

 

[spicyayam]

I think you need to submit the prenup with your other documents when you register the marriage, so I am not sure if it is so simple. Of course there might be some kind of way around this.

 

[goldminer]

I think you need to submit the prenup with your other documents when you register the marriage, so I am not sure if it is so simple. Of course there might be some kind of way around this.

Spicy, read my lips " money can get you anything in Indonesia" :icon_rolleyes: It can be done, backdated.

 

[helena peterson]

So my husband and I are planning to buy a house in Bali (well my parents are paying.) Obviously it can't be in my name so it will just be in my husbands name (he is Indo). I don't plan on getting divorced, but if we did and it turned messy and nasty would I have absolutely no rights to the house? My Mum says she will get something written up and signed by a Notaris but I'm thinking paper work really doesn't mean much in Indonesia, especially if we are Western and he is Indoensian...

Next question is: If my husband died, what would happen to the house? Would it go to our kids? I would hate for it to automatically go to his parents... The family lives in Java, does that make a difference?

Not sure which country you are from? I'm from Australia where pre nups are not legally but Financially binding agreements are. I had one drawn up by my lawyers and found a lawyer in bali who was registed in Australia to represent my husband. Perhaps it's worthwhile to find a lawyer in Bali who can also practice in your country for representation and advice.

 

[Fred2]

I am in the same boat, we have owned the house for 2 1/2 years & we have no prenup. 6 months ago we went to register the the house in our names at the goverment office (not a lot of people do this as you pay tax to the goverment) 47 mill is the tax to be paid. My wifes ID has married If she was not everything would be ok. As I am a Aussie all the bells begin to ring, I am not allowed to own land so it can not be reg in our names. It can be in my inlaws name but I was not to happy with this & then we asked about the prenup/postnup but was told it was no go (prenup should be registered before marriage with local & head office). I have been to the goverment office since & they told me that a letter from the notaris saying that what we own in Indonesia belongs to my wife & I hold no interest in it. I am going back to the goverment office next month & talk about this. I hope this helps & I will let you know what happens.
Goldminer I know you can do anything in Indonesia with money, So far I only used good old Aussie charm & has worked well so far.

 

[goldminer]

I am in the same boat, we have owned the house for 2 1/2 years & we have no prenup. 6 months ago we went to register the the house in our names at the goverment office (not a lot of people do this as you pay tax to the goverment) 47 mill is the tax to be paid. My wifes ID has married If she was not everything would be ok. As I am a Aussie all the bells begin to ring, I am not allowed to own land so it can not be reg in our names. It can be in my inlaws name but I was not to happy with this & then we asked about the prenup/postnup but was told it was no go (prenup should be registered before marriage with local & head office). I have been to the goverment office since & they told me that a letter from the notaris saying that what we own in Indonesia belongs to my wife & I hold no interest in it. I am going back to the goverment office next month & talk about this. I hope this helps & I will let you know what happens.
Goldminer I know you can do anything in Indonesia with money, So far I only used good old Aussie charm & has worked well so far.

Your ozzie charm shows fred2, :icon_razz: you are on the right track with your business of prenup... just keep at it!