prenuptial agreement
Also called: prenup, pisah harta
A written agreement made before or at the time of marriage that sets out the separation of assets and debts.
What it means
A prenuptial agreement is a written agreement between an engaged or already married couple about certain matters, including how assets are managed. In Indonesia, this agreement is made before or at the time of marriage and registered so that it is valid under the applicable rules. Its contents can set out the separation of assets or the combining of assets. This agreement is different from everyday verbal arrangements.
Why it matters for families
A prenuptial agreement gives clarity about which assets are jointly owned and which remain personal. Without clarity, a family can face disputes during divorce, business failure, or debt. For couples who run a business, this agreement helps separate business risk from family assets. Because it involves official documents, it is best made with the help of a legal expert.
Example
A couple about to marry agrees to make a prenuptial agreement that separates each person's pre-marital assets, while income during the marriage is still managed jointly. This agreement is registered according to the applicable procedure so that its legal force is clear.
Common misunderstanding
Many people think a prenuptial agreement is only made because a couple wants to divorce. In fact, this agreement is also useful for protecting family assets and managing a business in a healthy way from the start.