Marriage Agreement Research Articles

Brazil: cross-border marital agreements

Abstract This article aims at providing an overview of cross border marriages from a Brazilian law perspective. Topics such as (i) marriages under Brazilian law, (ii) rights of spouses and partners, (iii) scope and enforceability of prenuptial agreements and civil law marriage agreements, (iv) trusts and business interests, (v) family dynamics, (vi) taxes and (vii) take away tips, are addressed from a practical standpoint to navigate readers through this sensitive matter. Love has no boundaries is an expression shifted to a whole new level in today’s world. Transportation between countries and continents ceased to be a concern a long-time ago, and the Internet and social media are bringing people closer and closer in absolute disregard of their place of residency. Cross-border marriages are one of the natural side effects of this reality. And if happily ever after is not for everyone, cross-border divorces are side effects as well. In this sense, this article examines marriages from a Brazilian law perspective, including topics involving the rights of spouses and partners under Brazilian law and prenuptial agreements and civil law marriage agreements.

Hukum Perkawinan Campuran dan Hak Atas Tanah di Indonesia

Mixed marriage in Law No. 1 of 1974 (UUP) is a marriage between two people who in Indonesia are subject to different laws, because of differences in nationality and one of the parties is a foreign citizen and one of the parties is an Indonesian citizen (Article 57 UUP). Based on this statement, according to the UUP, mixed marriage regulations prohibit brides and grooms from different religions. The prohibition is mentioned indirectly in Article 2 paragraph (1) of the UUP, "marriage is valid if it is carried out according to the laws of each religion". If a husband and wife buy a piece of land after their marriage, it will automatically become the property of both of them (husband and wife), based on the provisions of Article 35 paragraph (1) of the UUP. However, if at the time or before the marriage takes place, they make a marriage agreement with separate assets, their ownership becomes each of the husband/wife (Article 29 yo 35 UUP). In mixed marriages referred to in Article 57 UUP, namely a marriage between two people who in Indonesia are subject to different laws, because of differences in nationality and one party is a foreign citizen and one party is an Indonesian citizen, it does not change their citizenship status, still for Indonesian citizens in this case their rights are limited and they are not even given the opportunity to become subjects of HM, HGU and HGB, if at the time or before their marriage they do not make a marriage agreement with separate assets. According to the law, a marriage agreement can only be made at or before the marriage, in other words a marriage agreement cannot be made after the marriage.

PERLINDUNGAN HUKUM BAGI ISTRI WARGA NEGARA INDONESIA (WNI) TERHADAP STATUS HARTA BERSAMA DALAM PERKAWINAN CAMPURAN TERKAIT PEMBAGIANNYA KARENA PERCERAIAN.

A valid marriage will bring legal consequences to assets. Regarding property in marriage is regulated in Article 35, Article 36, and Article 37 of the Marriage Law. The law stipulates that all assets acquired during marriage become joint property of the husband and wife, the use of which must be with the consent of both parties. Divorce has an impact on the distribution of joint assets. Here problems often arise where one party feels more entitled to the disputed property, especially if the former wife of an Indonesian citizen (WNI) is in a mixed marriage. The method used in this research is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is a statutory approach, a conceptual approach, an analytical approach and a case approach. The technique of collecting legal material is carried out by identifying and inventorying positive law rules, literature, books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out using legal interpretation (interpretation), grammatical interpretation, systematic interpretation and the Argumentum A Contrario method.From the research results it can be obtained that in mixed marriages, Indonesian citizens and foreign nationals who are involved in mixed marriages are still entitled to half of the value of the joint assets as long as the marriage agreement is not specified otherwise. This is because in article 35 of the Marriage Law it is stated that property acquired during marriage becomes joint property. With the existence of a marriage agreement, there is no mixing of the assets owned by the parties which belong to each other. The law regarding the division of joint assets due to divorce from mixed marriages is that first of all the husband and wife are given the freedom to determine the law that will apply to their marital assets through a marriage agreement. If they do not conclude a marriage agreement, the internal law of the country where the husband and wife establish their first daily residence after marriage will apply

Dinamika Psikologis Perkawinan Poligami (Menyingkap Suasana Batin Isteri Yang Dipoligami)

Marriage is a bond between two men and women to form a happy and eternal household. The formation of a household is symbolic, that humans have a goal to develop life, this symbol can be realized when both parties bind themselves to move together under any circumstances. Marriage, which is symbolized as a bond and agreement, legally can be reviewed when the main goal is not fulfilled due to inconsistencies between the two parties deviating from the original purpose of forming a family. The review of the marriage agreement may end with a legal process or due to natural causes such as the death of one of them. Marriage, which was originally intended to form a happy and eternal household, could be broken up because the husband and wife are not committed to living life together. The principle of marriage, both according to Islamic Shari'at and Law Number 1 of 1974 concerning marriage contains the principle of monogamy, namely a man may only be paired with a woman and vice versa, but under certain conditions, Islamic Shari'at and the Law The law provides space and opportunities for a man to have more than one wife, namely polygamy. In practice, polygamous marriages still have pros and cons. There are pros and cons of opinion on polygamous marriages due to irregularities in its implementation. These deviations will be the object of research.

Analisis Manfaat Dan Pentingnya Perjanjian Perkawinan

A marriage agreement is a form of agreement between husband and wife that binds both parties, both before marriage and after marriage. The Marriage Agreement is made to minimize and prevent disputes between husband and wife and to provide legal certainty between the rights and obligations of each party. From a societal point of view, the marriage covenant has a negative stigma against the marriage covenant, and many people question the importance of the marriage covenant in the family. This research uses normative juridical research methods, this research will be carried out by means of a Literature Study. The legal effect of a marriage agreement involving joint property is the separation of property. A marriage agreement that serves as a preventive measure in case of conflict in the future.

Juridical Analysis of the Distribution of Joint Assets in Divorce According to Indonesian Positive Law

In a divorce, there is a process of dividing joint assets. Issues regarding joint assets often occur between ex-husbands and ex-wives. For Muslims, the provision for sharing joint assets is contained in article 97 of the Compilation of Islamic Law (KHI) that "widows or widowers who are divorced, each is entitled to half of the joint assets as long as the marriage agreement is not specified otherwise". Referring to this article, it means that a husband and wife who are divorced are entitled to half or half of the joint property as long as there is no marriage agreement. Meanwhile, for adherents of other religions it is regulated in the Criminal Code which is stated in Article 128 of the Civil Code. According to the Civil Code, division can be made based on the distribution of evidence submitted by plaintiffs and defendants. Basically, these two articles stipulate that in the event of a divorce, the property is divided 50:50. The division of joint assets can be filed together with a divorce suit and does not have to wait for a divorce decision from the court. The formulation of the problem in this study is a juridical analysis of the division of joint assets in divorce according to Indonesian positive law. This research uses normative research with descriptive research specifications and uses primary legal materials, secondary legal materials and tertiary legal materials which are arranged systematically, reviewed, and then concluded.

ANALISIS PERJANJIAN PERKAWINAN DAN AKIBATNYA MENURUT UNDANG-UNDANG PERKAWINAN DI INDONESIA

Marriage is an agreement made by two people, in terms of, This is an agreement between a man and a woman with a material goal, namely forming a happy and eternal family (household) based on Belief in One Almighty God, as the first principle in Pancasila. In a marriage carried out one of them will give birth to the effects of marriage on assets. As situations and conditions develop in society, many potential partners finally decide to enter into a marriage agreement, bearing in mind that this is because both men and women are capable of producing their respective assets and there are many other reasons why they should enter into a marriage agreement. A marriage agreement is an agreement made by two people (prospective husband and wife) before the marriage takes place. The marriage agreement has been regulated in Article 29 of the Marriage Law No. 1 of 1974 but with the issuance of the Constitutional Court decision No. 69/PUU-XIII/2015 there have been several changes in the Marriage Agreement which are currently still Pros and Cons in society. The problems examined in this study are: how is the marriage agreement viewed from the Civil Code. As for the analysis of legal materials in this study, it is carried out by processing and analyzing qualitatively and as outlined descriptively. The results of the research in the first conclusion that the regulation of marriage agreements in Indonesia is contained in several laws including the Civil Code, Marriage Law No. 1 of 1974, KHI and Constitutional Court Decision No. 69/PUU-XIII/2016.

Comparative Analysis of the Polygamy Regulations in Indonesia and Morocco

The purpose of this essay is to compare and comprehend the similarities and differences in the rules governing polygamy in the countries of Indonesia and Morocco. applying a normative strategy while also utilizing comparative research. Using secondary data sources and involving primary, secondary, and tertiary sources of legal information in the research process. Technique of analysis combined with content analysis. In light of this, the law in Morocco goes one step further in providing the wife the ability to create conditions or a marriage agreement, the objective of which is that she is not willing to be co-opted. Despite the fact that both parties subscribe to polygamy, the law in Morocco goes one step further. The court will not grant the spouse permission to remarry even if he expresses a desire to do so. In Indonesia, one does not find an explicit version of the same regulation. Aside from that, the legislation in Morocco seems to further scare men into not practicing polygamy by beginning the sound of various articles with the phrase "polygamy is prohibited if," and so on. This is done to discourage spouses from engaging in the practice. In spite of the fact that the law in Indonesia has a propensity to utilize forceful language, such as mandatory and must, etc. Learning about laws in other countries will broaden legal horizons in the future, especially when revising a law that requires amendments at some time. The benefit of this article is to know and understand the similarities and differences in the regulation of polygamy in Indonesia and Morocco. In addition, learning about laws in other countries will broaden legal horizons in the present.

Implications of Annulment of Marriage on the Distribution of Joint Assets according to the Compilation of Islamic Law and National Law

Marriage, marriage dissolution due to marriage annulment and joint property which must be divided because of marriage annulment is one of the things that must strictly regulated by the state, but in Indonesia is still not regulated concretely, giving rise to a legal vacuum. So, this research aims to find out how the legal arrangements regarding the settlement of the division of joint assets after the cancellation of marriage and to find out how the implications of the cancellation of marriage on joint assets according to the Compilation of Islamic Law and National Law. The results are that first, the Compilation of Islamic Law and National Law cannot become the norm governing the distribution of joint assets if a marriage annulled. Second, there are no legal consequences for shared assets after the annulment of the marriage, but the ownership rights to the assets that have been mixed must be divided fairly between the parties. So that there must be codified arrangements so that there is no legal vacuum which can lead to multiple interpretations and in conducting marriages it would be better to make a marriage agreement to separate assets.

The Development of Indonesian Marriage Law in Contemporary Era

Family law is part of the legal system that applies in Indonesia, which has developed along with social developments in society. This paper provides an overview of how the development of family law in Indonesia uses a normative approach and describes the development of family law in Indonesia these days. The development of family law in Indonesia is influenced by several factors, ranging from the historical aspect of law to today's social developments. The development of family law develops according to the community's needs for legal certainty and aspects related to family relations, starting from age limits for prospective husbands and prospective wives, child status, and marriage agreements to a marital status that is not administratively registered.

Controversy of Marriage Agreements in Indonesia-Malaysia Border Communitites in Sambas Regency

This study discusses the controversy over the marriage agreement in the form of taklik talak contained in the marriage book. The purpose of this study was to analyze the pros and cons of the reading of taklik talak on the bride and groom after consent was granted in the Indonesia-Malaysia border community in Sambas Regency, West Kalimantan. The method in this study is to use empirical legal research with a sociological approach. Primary data was obtained using observation, interview, and documentation techniques. The results of this study indicate that of the ten respondents interviewed six couples did not know the existence of a marriage agreement (taklik talak) and did not pronounce it. while the other four couples did not know the taklik talak but recited it. The occurrence of pros and cons to the existence of taklik talak in the marriage book is due to the lack of information submitted by the BP4 during premarital guidance to the prospective bride and groom, besides that, some people do not know the use and purpose of taklik talak. Whereas the existence of taklik talak as a marriage agreement aims to protect the rights of the wife so that the husband does not arbitrarily fulfill his obligations. The marriage agreement contained in the taklik talak is in line with Islamic law.

Dayak Ngaju Customary Fines in Pre-Marriage Agreement to Minimize Divorce in The Perspective of Maslahah Mursalah Ramadhan Al-Buthi

Before the wedding, the prospective husband and wife in the Dayak Ngaju Palangka Raya community made a pre-marriage agreement in the presence of the Damang (Adat figure). One of the core points of the agreement is that there is a fine for whoever causes a divorce in the household. This is unique and different from marriage agreements in general and in Islam. This study aims to analyze Dayak Ngaju customary fines in pre-marriage agreements implemented by the Dayak Ngaju community to minimize divorce. This research is empirical legal research using a case approach. The primary sources of this research are interviews, documentation, observations, and secondary sources in the form of books, as well as the views of scholars who have discussed this issue. Then this problem is analyzed using the theory of Maslahah Mursalah Ramdhan Al-Buthi. The results of this study indicate that according to the perspective of Adat figure regarding customary fines in pre-marriage agreements carried out by the Dayak Ngaju community, it is a good thing, not only to maintain the customs of their ancestors but also to contain far more meaningful values, namely protecting the existence and maintaining commitments in the marriage. From the perspective of Maslahah Mursalah Ramadhan Al-Buthi, these customary fines are not contrary to Islamic law, if they do not exceed the specified corridors, do not conflict with the higher Al-Quran, Sunnah, Qiyas, and Maslahah, and customary fines may be carried out if the four conditions these limits are not violated.

Hukum Islam Dan HAM: Tinjauan Hukum Poligami dan Kesetaraan Hak dalam Perkawinan

The Declaration of Human Rights (HAM) in 1948 by the General Assembly of the United Nations (UN) has become a reference for the international community and has influenced aspects of international law. However, the interpretation of human rights and their implementation within the national scope often clashes with local culture and laws. As Islamic law is codified in various Muslim countries which are also part of the United Nations. Is there a conflict between International Human Rights Law and Islamic Law then what is the solution, also how is the harmonization between Islamic Law and Human Rights regarding the permissibility of the practice of polygamy which violates the Principle of Equality is a question that must be answered thoroughly from the perspective of both. The dialogical approach finds answers that are very relevant, through the rule of "Mashlahah", Islamic law and international human rights can dialogue in order to reach a common understanding in order to realize human rights in the Muslim world. By utilizing women's legal rights, namely "ta'liq al-thalaq and tafwidh al-thalaq" or the marriage agreement in the marriage contract not to be polygamous, the practice of polygamy becomes everyone's "free choice". In the Indonesian context, it is regulated in Law no. 1 of 1974 concerning Marriage Chapter V Article 29, and Compilation of Islamic Law (KHI) Chapter VII Articles 45-52. The marriage agreement is also listed in the Counter Legal Draft Chapter V Articles 21 and 22. This is in accordance with Islamic Law and also fulfills the obligations of Muslim countries to guarantee equal rights in marriage.

Ownership of Agricultural Land and Residence For Husband and Wife Who Are Different Citizens (Mixed Marriage)

There is a fundamental difference between land and agricultural land. The soil itself is the main component of land and has the bearing capacity so that it can withstand the weight of it and the raw materials for making various kinds of goods. While agricultural land is an area on the surface of the earth that has certain criteria such as atmosphere, soil, geological layers, hydrology, biosphere, and plant and animal populations. Based on the provisions of land law in Indonesia every land can be given rights, such as property rights. This study aims to find out and analyze the ownership rights to agricultural land and residence for married couples with different forms of marriage (mixed). This research was conducted using a normative juridical approach. Legislation, literature, publications, and periodicals on the marriage agreement are the legal sources used. The results of the research show that the provisions of the laws and regulations in Indonesia regarding ownership rights to agricultural land and residence for married couples with different nationalities must be based on the marriage agreement that was made. The form of the marriage agreement that is made contains the separation of assets owned by married couples of different nationalities. Because of Indonesian land law, which states that only Indonesian residents can acquire ownership rights to land.

LEGAL PROTECTION OF INDONESIAN CITIZENS WHO CONDUCT MARRIAGE WITH FOREIGN CITIZENS RELATED TO THE ACQUISITION OF LAND RIGHTS

The official bond in marriage between Indonesian citizens and foreign nationals is sustained through direct interactions. The union of Indonesian citizens and foreign citizens in Indonesia is commonly referred to as Mixed Marriages. The present study employs a normative juridical research approach, specifically relying on library law research or secondary data, which draws upon primary, secondary, and tertiary legal sources. The study employed a research methodology that incorporated the use of statutory, conceptual, and case-based approaches. The process of collecting legal materials involved the identification and inventorying of advantageous legal regulations, literary publications, academic journals, and other relevant sources of legal information. The analysis of legal materials is conducted through the application of grammatical and systematic interpretation techniques. The research findings indicate that the implementation of legal regulations pertaining to land rights in mixed marriages without a marriage agreement has undergone changes following the ratification of Constitutional Court Decision Number 69/PUU-XIII/2015. This has resulted in modifications to the provisions outlined in Article 29 paragraphs (1) to (4) of The Marriage Law, which now offer legal protection to Indonesian citizens who engage in mixed marriages with foreigners and seek to obtain land rights. Specifically, in the absence of a marriage agreement, such a union can lead to the creation of joint assets. It is advisable for couples who engage in cross-cultural marriages to establish a matrimonial agreement that outlines the division of property between spouses. It is also important for Indonesian citizens to adhere to the legal provisions and regulations pertaining to such agreements, and to ensure that they have secured property ownership rights, particularly with regards to land

Marriage Agreements as Legal Protection of Collective Property

Marriage is a legal act in which an act contains rights and obligations for the individuals who commit it. In living the life of a household, it is not uncommon for problems to arise which cause disputes between husband and wife and end in divorce. Dissolution of marriage will cause problems, one of which is related to property (assets) in the marriage. This study aims to map the arrangement of the marriage agreement in Law No. 1 of 1974 concerning marriage and to analyze the legal protection of joint assets in the marriage agreement. The type of research used in this study is normative juridical, by collecting data using the literature and applicable laws and regulations. To get the results of this study, the author use descriptive data analysis to describe the nature of the problems studied. The results of this study indicate that the marriage agreement was held at the time or before the marriage took place, the two parties with mutual consent can enter into a written agreement which is legalized by the marriage registrar, after which the contents also apply to third parties as long as the third party is concerned. Legal protection of joint assets with a marriage certificate before the marriage takes place. The deed is made in writing which is legalized by the marriage registration officer, namely the Office of Religious Affairs (Muslim) and Civil Registry (Non-Muslim).

Reconstruction of the Law on Legality of Post-Marriage Agreements Based on Justice Values

This study aims to analyze and find the current implementation of post-nuptial marriage agreements, to analyze and find the legal standing of marriage agreements made after marriage to third parties (Post-Decision of the Constitutional Court Number. 69/PUU-XIII/2015), to find reconstruction the validity of the marriage agreement after marriage. This research is included in the socio-legal research tradition. Socio-legal research examines the application of legal principles or norms by using legal and social science approaches. Weaknesses in the implementation of the post-nuptial agreement at this time are the weakness in the absence of post-nuptial agreement arrangements, the weakness that there are opportunities for misuse of the situation by the parties in the post-wedding agreement; as well as the weakness in the form of a culture of society that only realizes the importance of the marriage agreement after the marriage takes place. The reconstruction carried out is to add Article 185A of the Civil Code which states that the provisions referred to in Article 155 to Article 185 also apply to marriage agreements made after and in marriage.

CONDITIONS OF DIVORCE IN THE PROGRESSIVE VIEW OF FEMALE SCHOLARS FROM NAHDLATUL ULAMA AND MUHAMMADIYAH IN PAMEKASAN DISTRICT


 
 
 The stereotypes and culture of the Madurese people, steeped in local culture and Sufism, still have minimal understanding of the conditions of divorce in terms of its legal requirements and the urgency of protecting women. Therefore, this research aims to provide a collection of knowledge about the study of Islamic law and positive law regarding the permissibility of conditions of divorce, as well as the views of female scholars who were members of Muslimat Nahdlatul Ulama and Aisyiah Muhammadiyah on the existence of conditions of divorce and its benefits in marriage. This type of empirical legal research uses an anthropological perspective approach and an interpretive sociological perspective. The results of this study, namely, divorce conditions, are permissible in Islam. In contrast, government regulations governing speech, writing, and gestures of conditions of divorce include Law No. 1 of 1974 concerning marriage agreements, Regulation of the Minister of Religion No. 11 of 2007 concerning Marriage Registration, Regulation of the Minister of Religion of the Republic of Indonesia No. 2 of 2000 and Article 45 and the Compilation of Islamic Law (KHI). According to the views of female clerics Aisyiah and Muslimat NU regarding conditions of the divorce, namely as a normative spirit or basis of the Qur'an and Hadith, awareness of rights and obligations, and equality in the household. Then it can be drawn several benefits that arise from the conditions of the divorce, including self-limitation, as a protector, keeping commitments, and avoiding conflict.
 
 

Asas Publisitas Perjanjian Perkawinan (Post Nuptial Agreement): Konsep kepastian dan perlindungan hukum bagi pihak ketiga

The marriage agreement after the Constitutional Court Decision Number 69/PUU/XII/2015 has a slight difference from the initial concept regarding the marriage agreement. The pre-nuptial agreement which was later extended to the post-nuptial agreement basically had several issues, especially regarding the publicity of the marriage agreement. The enforceability of a post-nuptial agreement in certain conditions may create uncertainty for third parties regarding the husband and wife's assets. Based on these legal issues, this research aim to find out the formulation of the principle of publicity in the arrangement of the marriage agreement during the marriage (Post Nuptial Agreement) so that it can have binding power to provide legal protection for third parties. This study uses a normative juridical method, which is a process to find and study doctrines, principles and legal rules as an effort to answer the legal issues under study. There are five approaches used, including: a statutory approach (statute approach) by reviewing the Burgerlijk Wetboek, the Law on Marriage and its amendments, the Law on the Position of Notary Public and its amendments and related implementing regulations; conceptual approach (conceptual approach), namely exploring various expert opinions regarding the concept of agreement, the concept of marriage, the principles of marriage law, the concept of marriage agreements, the theory of legal protection, the theory of justice, the principle of balance, the principle of freedom of contract to the position of a third party in the agreement; historical approach (historical recht approach) aims to study the history of the enactment of laws and regulations that have been in force, especially those relating to marriage agreements, in addition to reviewing the treatise on the formation and legal politics regarding the Marriage Law and treatises on marriage agreements in effect in Indonesia; case approach, namely Constitutional Court Decision Number 69/PUU-XIII/2015 and Supreme Court Decision Number 598 PK/Pdt/2016; comparative approach, namely the Netherlands, the United States and Australia.
 KEYWORDS: Marriage Agreement, Principle of Publicity, Third Parties

Keabsahan Perjanjian Pra Nikah dan Akibat Hukumnya Ditinjau dari Perspektif Hukum

. A marriage is an agreement based on personal voluntary agreement between a man and a woman to become husband and wife. In Indonesia, the contract or agreement is called a marriage contract (nuptial agreement or marriage). Pre-nuptial agreement is an agreement made by the prospective bride and groom before the marriage takes place so that it becomes a legal couple. Properly the contract The prenuptial agreement is also binding on both the bride and groom and contains issues of dividing the assets of the two parties or relating to the personal assets of both parties so that they can be separated, if one day there is a separation. An agreement is an event where a person promises to another person or where two people promise each other to do something. When compared to an engagement with an agreement, apart from the agreement being a source of engagement other than the law, the engagement is also an understanding that is still abstract, because the parties are said to carry out something, while the agreement is already a concrete understanding, because the parties are said to carry out something certain events. This research is a type of legal research that uses a normative juridical approach. The implementation of the marriage agreement so that the agreement is valid in the eyes of the law, the agreement must be made authentically before a notary. The prenuptial agreement is made for the benefit of legal protection of each other's innate assets, namely the property of the prospective husband or the property of the prospective wife. By making a Pre-Marriage Agreement, it will provide a sense of security to the prospective husband and wife in carrying out their household ark. Prenuptial agreements are made to confirm assets, rights of husband/wife, obligations of husband/wife and responsibilities of each party.