A marriage between an Indonesian and a foreign citizen can incur several legal issues, most importantly related to property ownership.

Under Indonesian law, foreigners are generally prohibited from owning land with an ownership title (hak milik) in Indonesia. This rule extends to foreign spouses in mixed-nationality marriages (after 1 year of marriage). If a couple does not have any prenuptial agreement allowing separation of wealth and property, any property acquired during the marriage is considered joint property. Since foreigners by law cannot own properties under hak milik, this means the Indonesian spouse will also not be able to acquire any properties under hak milik, which can cause complications especially if the couple lives in Indonesia. Therefore it’s highly recommended that mixed-nationality couples sign a prenuptial agreement that clearly defines their property rights, not only for the sake of purchasing properties in Indonesia but also to protect the current assets of both parties and to establish how property and other assets will be divided in the case of a divorce or death.

It is also important to note that prenuptial agreements must be made before the marriage and must be drawn up by an Indonesian notary. However, Indonesian law also recognizes a separation of property agreement between spouses during the marriage, which is also known as a postnuptial agreement. Like the prenuptial agreement, the postnuptial agreement shall also be drawn up before an Indonesian notary. Therefore, it is possible for Indonesian-foreigners couples who have been married without a prenuptial agreement to draw up their postnuptial agreement during the marriage.