Indonesian Mixed Marriage Assistance

Prenuptial Agreement

Couples intending to marry can create a prenuptial agreement. The agreement can cover any subject matter, as long as it does not violate any prevailing laws and regulations. To be legally binding, the agreement must be notarized by either a marriage registrar or a public notary and subsequently registered with the Civil Registry. For registration, in addition to the notarized agreement, these following documents are also required:

1. ID Card (KTP);
2. Family Card;
3. Marriage certificate;
4. Domicile Letter (if the Indonesian stays outside of the address on the ID Card); and
5. Proof of marriage report to Indonesian Embassy (in the event the marriage was held overseas).

Postnuptial Agreement

Husband and Wife can create a postnuptial agreement. The content of the agreement could be about anything as long as it doesn’t violate any prevailing laws and regulations. However, in order for the agreement to be binding, it has to be legalized by either marriage registrar or public notary and then registered at Civil Registration. For the registration, in addition to the legalized agreement itself, these following documents are also required:
1. ID Card (KTP);
2. Family Card;
3. Marriage certificate;
4. Domicile Letter (if the Indonesian stays outside of the address on the ID Card); and
5. Proof of marriage report to Indonesian Embassy (in the event the marriage was held overseas).

The laws and regulations in Indonesia recognize marriages between Indonesian citizens and foreigners conducted abroad by recording the marriage at the Civil Registration. The marriage must be recorded within 30 days of returning to Indonesia. Failure to register the marriage within this period may result in legal consequences, such as the marriage not being recognized under Indonesian law, which can affect matters like inheritance rights, property ownership, and the legal status of any children from the marriage.

Foreigners looking to own property in Indonesia face specific regulations that have evolved over the years to encourage foreign investment while safeguarding national interests. We offer foreign property consultation to non-Indonesian individuals or entities regarding property ownership, transactions, and regulations in the country.

Foreign national, children with dual nationality who have reached the age of 21, or those under 21 who have never held an affidavit of dual nationality status, must also undergo the naturalization process to obtain Indonesian citizenship. Naturalization regulated under Article 8 of Law No. 12/2006, the requirements are stated in Article 9, which include:

1. has reached the age of 18 (eighteen) or has married;
2. at the time of submitting the application, the applicant has resided in the territory of the Republic of Indonesia for at least 5 (five) consecutive years or at least 10 (ten) years intermittently;
3. physically and mentally healthy;
4. is able to speak Bahasa Indonesia and acknowledges the state basic principles of Pancasila and the 1945 Constitution of the Republic of Indonesia;
5. never convicted of a criminal offense with imprisonment of 1(one) year or more;
6. if the Citizenship of the Republic of Indonesia is acquired, the citizenship will not be doubled;
7. has a job and/or has a steady income;
8. pay a naturalization fee to the Government Treasury

Foreign nationals who have family ties with Indonesian citizens or foreign nationals living in Indonesia, they can apply for a residence permit in Indonesia to legally reside in the country. This service can be provided to:

1. Husband or Wife of an Indonesian citizen;
2. Husband or Wife of a foreign national with a residence permit in Indonesia;
3. Children (Biological Children, Stepchildren, Adopted Children) of Indonesian citizens;
4. Children of foreign nationals with a residence permit in Indonesia;
5. Parents of Indonesian citizens;
6. Parents of foreign nationals with a residence permit in Indonesia.

Indonesia recognizes dual citizenship in a limited scope for children of Indonesian citizens and foreign nationals. Such children with limited citizenship can hold more than one passport if they are under 18 years old and possess an Affidavit. The Affidavit is attached to the foreign passport and provides immigration facilities for the holder.