Can a Notary in Bali Create a Prenup? A Legal Guide by The Bali Lawyer
Getting married is one of life’s biggest decisions—especially when the marriage involves a foreign national and an Indonesian citizen. In Indonesia, marriage law is closely connected to property rights, inheritance, and ownership regulations. One of the most important documents a couple can create before marriage is a Prenuptial Agreement(Perjanjian Pranikah or Prenup).
If you’re planning to get married in Bali and want to protect your individual property rights, one question may arise: Can a notary in Bali create a valid prenuptial agreement?
The answer is yes—and in fact, only a licensed notary is legally authorized to draft and legalize a valid prenup in Indonesia.
At The Bali Lawyer, we specialize in helping mixed-nationality couples draft, review, and notarize prenuptial agreements in accordance with Indonesian law. This complete guide will help you understand how the process works, why you need a prenup, and how our legal team ensures everything is done right from the beginning.
Understanding Prenuptial Agreements in Indonesia
A prenuptial agreement is a legal contract made between two people before they get married. It defines how assets, debts, property, and financial responsibilities will be managed during the marriage and in the event of divorce or death.
Under Indonesian law, without a prenuptial agreement, all assets acquired during marriage are considered joint marital property. This rule applies regardless of nationality. That means a foreign spouse would not be allowed to legally own property in Indonesia through marriage with an Indonesian citizen unless a prenup is in place.
A valid prenup is essential for:
Protecting property rights for both spouses
Allowing foreign spouses to maintain financial independence
Enabling legal property ownership structures for foreigners
Providing clarity in case of divorce or death
Why a Prenup Is Crucial for Mixed-Nationality Marriages
Foreigners are not allowed to own land or property under Hak Milik (Freehold Title) in Indonesia. However, if a foreigner marries an Indonesian without a valid prenup, the couple’s assets—including real estate—are considered joint marital property, making them ineligible to be legally held in the name of the Indonesian spouse.
As a result, if a prenup is not in place:
The Indonesian spouse may lose their right to acquire land
Any property they do acquire can be subject to legal dispute
Foreigners risk losing control or access to jointly acquired assets
The government can declare property acquisition invalid or illegal
Having a properly drafted and notarized prenuptial agreement preserves the Indonesian spouse’s ability to acquire property and allows both parties to manage their finances and assets legally and independently.
Can a Notary in Bali Create a Prenuptial Agreement?
Yes. In fact, a licensed Indonesian notary is the only legal professional authorized to draft and notarize a valid prenuptial agreement in accordance with Article 29 of Indonesia’s Marriage Law No. 1 of 1974 and Civil Code (KUHPerdata).
The prenup must:
Be written in Bahasa Indonesia
Be signed and legalized by both parties before the marriage
Be notarized by a registered Indonesian notary
Be reported to the local Civil Registry Office and included in the marriage certificate
At The Bali Lawyer, we ensure that every prenuptial agreement meets these requirements and is legally binding in all parts of Indonesia. We provide English-language explanations and certified translations to ensure both parties fully understand the contents.
What Can Be Included in a Prenuptial Agreement?
A prenuptial agreement in Indonesia can cover a wide range of topics related to financial and property arrangements, such as:
Separation of assets and debts during the marriage
Property ownership rights before and after marriage
Business ownership and investment protection
Financial responsibility for household expenses or children
Asset division in case of divorce
Inheritance clauses or succession planning
Any specific arrangements that are mutually agreed upon and not contrary to law or public morality
It’s important that the prenup is clear, specific, and legally structured, which is why working with a qualified notary is essential.
The Process of Creating a Prenup with a Notary in Bali
At The Bali Lawyer, we guide our clients step-by-step through the process to ensure the prenuptial agreement is legally valid and personalized to the couple’s situation.
Step 1: Legal Consultation
We begin with a consultation to understand your personal and legal needs. Every relationship is different, so we tailor the agreement to your assets, plans, and concerns.
Step 2: Drafting the Prenup
Our legal team will draft the prenuptial agreement in Bahasa Indonesia, as required by law. We also provide an official English translation for both parties to review and approve.
Step 3: Signing and Notarization
Both parties must be present to sign the agreement in front of a licensed notary in Bali. The notary will confirm the identity of both individuals, witness the signing, and legalize the agreement.
Step 4: Marriage Registration
After the marriage takes place, the prenup must be submitted to the Civil Registry Office (Kantor Catatan Sipil) along with the marriage certificate to be officially recorded. This ensures the prenup is enforceable by law.
Can You Make a Prenup After Marriage?
Historically, Indonesia did not allow postnuptial agreements (agreements signed after marriage). However, following a landmark Supreme Court decision, it is now possible to create a postnup (Perjanjian Kawin setelah menikah), but the process is more complicated and must meet additional legal conditions.
If you’re already married and need to protect your property rights or clarify ownership structures, The Bali Lawyer can assist you with legal strategies for postnups, asset restructuring, or legal separation of property. However, it is always recommended to create a prenuptial agreement before marriage to avoid complications.
Common Questions About Prenuptial Agreements in Bali
Q: Is a prenuptial agreement enforceable in court in Indonesia?
Yes. A properly drafted and notarized prenup is fully enforceable under Indonesian law, provided it complies with legal procedures.
Q: Does the agreement need to be in Bahasa Indonesia?
Yes. All legal documents in Indonesia, including prenups, must be written in Bahasa Indonesia. A certified English translation is provided for understanding, but the Bahasa version is legally binding.
Q: Can I use a prenup template from another country?
No. Prenuptial agreements must comply with Indonesian laws, be notarized by an Indonesian notary, and registered locally. Foreign templates are not valid and can lead to unenforceable terms.
Q: Can a foreign notary make a prenup valid in Bali?
No. The prenup must be drafted and notarized within Indonesia by a licensed Indonesian notary, even if one or both parties are foreigners.
Q: Is a prenup only about property?
No. A prenup can also include business rights, financial responsibilities, inheritance, and specific personal agreements—as long as they are not contrary to law or public order.
Who Should Consider a Prenuptial Agreement in Bali?
We recommend a prenuptial agreement for the following:
Mixed-nationality couples planning to marry in Indonesia
Couples who wish to protect property or assets brought into the marriage
Foreigners planning to buy or lease property in Indonesia through a local spouse
Entrepreneurs or business owners seeking to protect investments
Families with inheritance plans or shared family assets
Couples who want clarity and security in financial arrangements
Whether your marriage is romantic, practical, or both, a legally sound prenup adds an essential layer of protection and peace of mind.
Areas We Serve in Bali
Our team offers prenuptial agreement services across all regions of Bali, including:
Denpasar
Seminyak
Canggu
Ubud
Sanur
Jimbaran
Nusa Dua
Tabanan
Gianyar
North Bali
If you’re outside Bali or abroad, we can also help you start the process remotely and complete it when you arrive in Indonesia.
Why Choose The Bali Lawyer?
Local Expertise: We understand Indonesian marriage law and how it applies to foreigners.
Bilingual Legal Team: We explain legal matters clearly in both English and Bahasa Indonesia.
Full Legal Support: From drafting to notarization and registration, we handle every step.
Trusted by Foreign Clients: We have helped numerous mixed-nationality couples in Bali establish secure and legal foundations for their marriage.
Efficient Process: We deliver accurate, professional, and timely services with full legal compliance.
A prenuptial agreement is one of the smartest and most responsible steps you can take before entering marriage in Indonesia—especially when the marriage involves foreign and local spouses. A valid prenup allows you to protect your assets, maintain financial independence, and ensure that your future together is built on clear legal ground.
At The Bali Lawyer, we make the process simple, transparent, and fully legal. Whether you’re preparing for marriage or considering post-marriage options, our team is here to guide you with professionalism and care.