Jurnal Hukum dan Keadilan
Vol. 1 No. 2 (2024): JHK-February

Legal Consequences Of Annulment Of A Prenuptial Agreement In Marriage Between Individuals Of Different Nationalities

Soraya, Joice (Unknown)
Althafzufar, Muhammad Ansy (Unknown)



Article Info

Publish Date
28 Feb 2024

Abstract

The author discusses the effects of annulment of prenuptial agreements in mixed marriages and how it affects the ownership of flats on land acquired after the marriage. Marriages between individuals of different nationalities often involve complex legal aspects, especially in the context of the annulment of prenuptial agreements. This research aims to investigate the legal consequences of annulment of prenuptial agreements in marriages between individuals of different nationalities. The text utilizes a normative legal approach conducted through literary research and a legislative approach. The study demonstrates the consequences of nullifying a prenuptial agreement in a mixed marriage, leading to joint ownership of assets acquired during the marriage and potentially affecting the ownership rights of apartment units on freehold land. Indonesian residents may lose their rights to an apartment unit (sarusun) in a freehold property if a prenuptial agreement was not made in a mixed marriage, as per domestic rules. After invalidating the prenuptial agreement, the Court should provide provisions to legally protect Indonesian citizens (WNI) regarding the ownership of apartment units on land with property rights status.

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Journal Info

Abbrev

jhk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong ...