Mixed married couples can now own separate properties
Indonesia has abolished a long standing prenuptial law that required mixed-married couples to obtain a prenuptial agreement to separate ownership of their property.
Article 29 of the 1974 Marriage Law was deemed unconstitutional on October 27, allowing local spouses of foreigners to create postnuptial agreements on separate ownership of their property according to Jakarta Post.
Indonesian Mixed-Marriage Society (PerCa) was quoted as saying, “We fully welcome the ruling by the Constitutional Court, which shows that it cares about and sides with mixed-marriage couples who are often subject to discrimination”.
In Thailand, a local spouse in a mixed marriage couple can buy property, but under Thai real estate law, the couple is required to sign a declaration stating that the funds used were wholly of the Thai spouse and that the foreigner has no claim over it in the future. However, a skillfully written prenuptial agreement in Thailand may help to minimize the risk of the foreign spouse.
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