In the past, a prenuptial agreement was often seen as taboo. Today it is viewed as a smart planning tool and a sign of maturity in a relationship. Its purpose is not to prepare for divorce, but to build a strong foundation for a marriage through financial openness, to prevent future conflict, and to give both parties legal protection. Making one actually encourages a couple to communicate honestly about assets, debts, and expectations — a sign of readiness to face life together.
In Indonesia, a prenuptial agreement (perjanjian pranikah) has a strong legal footing, including Law No. 1 of 1974 on Marriage (UU No. 1 Tahun 1974 tentang Perkawinan) and the KUH Perdata (the Indonesian Civil Code). An important breakthrough came from Constitutional Court Decision No. 69/PUU-XIII/2015 (Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015), which allows such an agreement to be made not only before the wedding but also during the marriage. This gives couples the flexibility to arrange their finances as life circumstances change.
The main benefits of a prenuptial agreement are strategic:
- Protecting pre-marital property (harta bawaan) and a business: assets owned before the marriage (such as an inheritance) or a personal business are kept safe from your spouse’s financial risk.
- A clear separation of debt: a debt taken on by one party remains that person’s own responsibility, protecting the other from the burden of that debt.
- Preventing conflict: clear rules from the start can avoid bitter disputes over property if divorce or death occurs.
What the Agreement Contains and Its Legal Limits
The content of a prenuptial agreement can be tailored, but it usually covers:
- Property arrangements: deciding whether property will be fully separated, partly combined, or arranged in a special way.
- Management of income: setting out how each person’s salary or business profit will be used.
- Debt arrangements: confirming the separation of responsibility for personal debts.
- Other clauses: it can also regulate the rights and duties of husband and wife, an initial agreement on child custody, and even the status of inheritance received during the marriage.
Although it is free in content, the agreement must not conflict with the law, with morality, or with public order. It must also meet the conditions for a valid agreement under Article 1320 of the KUH Perdata.
Choosing the Right Professional: Notary vs. Lawyer
People are often confused about the roles of a notary and a lawyer. Both are important, but their functions differ.
- The Notary (Notaris): a public official appointed by the state. Their main role is to turn your agreement into an authentic deed (akta otentik) that is legally valid. The notary stays neutral, does not take sides, and makes sure both parties understand and agree without coercion.
- The Civil Lawyer (Pengacara Perdata): a legal professional who takes your side as the client. The lawyer gives strategic advice, drafts an agreement that is most favourable and protective for you, and helps with negotiation if needed.
For maximum protection, the ideal process is this: consult a lawyer first to draft a strong agreement, then bring the final draft to a notary to be turned into an authentic deed. Skipping the lawyer can be risky, especially if the assets being protected are large in value.
Practical Steps to Make a Prenuptial Agreement in Purbalingga
- Discuss with your partner: talk openly about assets, debts, and everything you want the agreement to regulate.
- Contact a legal expert: discuss the result of your talk with a lawyer or a notary. Prepare documents such as your KTP (identity card) and KK (family card).
- Signing before a notary: once the draft is agreed, you and your partner sign the deed of agreement at the notary’s office.
- Registration with an official body: for the agreement to be valid against third parties (such as a bank), the deed must be registered with the KUA (the Office of Religious Affairs, for Muslim couples) or the Dinas Dukcapil (the Civil Registry Office, for non-Muslim couples). A record of this registration will appear in your marriage book or marriage certificate.
Cost Considerations
The cost of making a prenuptial agreement varies, depending on its complexity and the professional you choose. A notary’s fee generally ranges from around Rp 3 million to Rp 5 million or more. Some packages that already include consultation can reach Rp 5 million to Rp 7.5 million.
Think of this cost as an investment to protect assets of far greater value and to buy peace of mind for the future. It is far smaller than the potential financial loss and the expensive cost of a dispute later on.
Conclusion
A prenuptial agreement is a smart step for a modern couple in Purbalingga who want to build a future that is legally secure. If you are in Purbalingga or the surrounding area — Banyumas, Banjarnegara, Purwokerto, or Cilacap — do not hesitate to take the first step by consulting the law office of Advokat Luthfi to understand the specific needs of you and your partner. Your first consultation is free.