Legal Advice for Expats in Indonesia: Pre Nuptial and Post Nuptial Agreements
By Wijaya & Co Law Firm
Legal advice for expats.planning to marry in Indonesia.
About the Author
Wijaya & Co is a full-service Indonesian law firm principally engaged in the provision of wide-range legal service to international clients in Indonesia, for businesses, for Families and Individuals, and for Indonesian-Expatriate Couples.
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Understanding prenuptial agreements is crucial when entering an international marriage. This blog focuses on Indonesia, but everyone entering into an international marriage should be aware of the marriage laws in their jurisdictions. It is so important to know how prenuptial agreements are regarded in various countries if spouses are not the same nationalityCouples should actually agree on the conditions in the pre-nup with the worst-case scenarios in mind. A prenup is a legal document and should be either upheld or allowed on an appeals court’s docket. International marriages involve many legal concerns. Thailand is also a popular country for Western-Thai international marriages. Couples have to be very careful when signing prenuptial agreements in Thailand because of the many unlicensed agencies and attorneys claiming to specialize in this area and because of multiple international jurisdictions. Couples should be cognizant that if the agreement is signed in Thailand, Western courts may weigh it differently or not consider it at all, and vice versa. Perhaps, as this blog anticipates, prenups will now be given more consideration by Western courts. The ruling in the UK heiress case in October shows us that prenuptial agreements are being upheld in their original forms, even in the instance of international marriage. Couples in international marriages should ask their attorneys about what might happen to their pre-nup if the agreement is considered in a different jurisdiction. Couples should be encouraged to do research regarding the attorney who drafts their prenuptial agreement and how much weight it will carry in various courts.