Rabu, 17 Juni 2009

Contoh Akta Perjanjian Kawin (PRENUPTIAL AGREEMENT) by Raimond Flora Lamandasa, SH, MKn

- PRENUPTIAL AGREEMENT -
Number :

- On this day,


- Appear before me, RAIMOND FLORA LAMANDASA, Sarjana Hukum, Magister Kenotariatan,
Notary in Bogor, in the presence of witnesses who are known to me, Notary and whose names will be mentioned at the end of this deed.
1. Mister ………….., born in Amsterdam, dated ……………………………… ,
Dutch Nationality, private person, residing in ……………………, Jalan ………, Rt. …, Rw. …, Kelurahan ………, Kecamatan …….
- holder of Dutch passport number NK ………. -------
- Hereinafter called HUSBAND. -------------------
2. Miss …………….., born in Bogor, dated …………. --------
……………., Indonesian Nationality, Employee, -------
residing in Jakarta Selatan, Apartement …………, ---
Rt. …, Rw. …, Kelurahan …., Kecamatan …………. -----
- holder of Indonesian Identity Card Number -----
…………………….----------------------------------------
- Hereinafter called WIFE. ----------------------
- The appearers are known to me, Notary. -----------
- The appearers firstly declare : ------------------
- that, the appearer Mister ………….. of --------------
Dutch Nationality comtemplates to enter into -------
a marital relation with the appearer Miss …………. ----
of Indonesian Nationality ; ------------------------
- that, in anticipation of such marriage, the appearer
Mister …………. mentioned above, based on his own free
and voluntary act has subjected himself to the Civil
and Marriage Law prevailing in Indonesia ; --------------------------
- The appearers further declare that, in anticipation
of such marriage, the parties desire to enter into
a Prenuptial agreement as follows ; --
------------------- Article 1 ----------------------
- Between husband and wife there will be no --------
community property, both of goods, rights and debts,
profits and losses or proceeds as well as of income.
- The assets and debts of the respective parties, --
either existing before and/or after the ------------
solemnization of their marriage shall remain the ---
right and burden of the respective parties. --------
-------------------- Article 2 ---------------------
- The wife shall be entitled to manage and control -
her own assets, both movables and immovables and to-
spend all her income and proceeds for her own ------
behalf. --------------------------------------------
- For such management the wife need not be supported
by her husband, nevertheless the wife is hereby ----
permanently empowered necessarily by the husband to-
undertake the said management without requiring ----
her husband's support. -----------------------------
- The husband is prohibited to release any title to-
the wife's assets without her permission.-----------
----------------------- Article 3 ------------------
- Costs expended for household, education and care -
of the children born in their wedlock shall be borne
by the husband, whereas the wife shall on no account
be claimed nor sued regarding the debts connected --
with the said costs. -------------------------------
----------------------- Article 4 ------------------
- Movable properties, acquired by the respective ---
parties after the solemnization of their marriage, -
must be proven by a list to be signed by both ------
parties, subject to the right of the wife to prove -
the existence of such goods or the value thereof. --
- Movable properties which cannot be proven by the -
said list or other documents, that they are the ----
property of the husband, may not be considered as --
his property, but will be considered as the --------
property of the wife. ------------------------------
---------------------- Article 5 -------------------
- Clothings and jewelries worn by the respective ---
parties at the time of the dissolution of the ------
marriage or at the time of making a settlement of --
account pursuant to law, will be considered to be --
the ownership of whoever wearing the said goods, ---
so that with respect to the said goods no ----------
settlement of account will be made. ----------------
- All kinds of goods for household needs, ----------
including dinner things, beds and bedding existing -
at the house of the husband and wife at the time ---
of the dissolution of the marriage or at tha time --
of settling of account pursuant to law, will be ----
considered as the ownership of the wife, so that ---
againts the said goods no settlement of account ----
will be made. --------------------------------------
- Goods acquired due to or in whatever manner by the
respective parties must be proven by a document. ---
- Should there be no written evidence, for the wife-
or her heirs, other evidences or public knowledge --
may be considered and are accepted as legal --------
evidence. ------------------------------------------
- Finally the parties declare that in their --------
marriage besides clothings and jewelries, the ------
appearers declare that it is not neccessary to make-
any specification herein as they don't carry -------
anything which need to be written herein. ----------
---------------- IN WITNESS WHEREOF ----------------
- This deed has been drafted as minutes and --------
executed in Bogor, on the day and date mentioned ---
in the preamble of this deed, in the presence of : -
1. Mrs. …………., born in ……., dated ……………………..--------
Indonesian Nationality, Notary's clerks, --------
residing at ……….., Jalan ……….., Rt. …, Rw. …, ---
Kelurahan …., Kecamatan …. ----------------------
- holder of Indonesian Identity Card Number -----
………….; ------------------------------------------
2. Mrs. …………., born in ……., dated ……………………..--------
Indonesian Nationality, Notary's clerks, --------
residing at ……….., Jalan ……….., Rt. …, Rw. …, ---
Kelurahan …., Kecamatan …. ----------------------
- holder of Indonesian Identity Card Number -----

as witnesses. --------------------------------------
- This deed, after having been duly read out by me,-
Notary, to the appearers and witness, was ----------
immediately signed by the appearers, witnesses and -
me, Notary. ----------------------------------------
- Executed with ………..-------------------------------

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