POSTNUPTIAL AGREEMENT: A COMPARISON OF LEGAL SYSTEMS IN INDONESIA AND OTHER COUNTRIES

Indonesian society considers marriage as a sacred and important event and therefore it is taboo to do a marriage agreement. The marriage agreement was initially only allowed to be made before or when the marriage took place, but then there was an expansion of the rules that marriage agreement could also be made after the marriage took place. The marriage agreement after marriage takes place greatly affects the existing legal order because it raises concerns for practitioners regarding whether or not there is good faith behind the marriage agreement. In this article we will discuss about Postnuptial Agreement in Indonesia and other countries as a comparative. The obligatory to make a marriage agreement after the marriage takes place; it must be made authentically and emphasized by the notary as the official who makes the marriage agreement deed that the agreement is valid since the signing of the marriage agreement deed.