Annulment of Prenuptial Agreements Due to Clause Contradictions and Abuse of Circumstances: An Analysis of Decision Number 1308/Pdt.G/2019/PN Dps

Abstract

The case in Denpasar District Court Decision Number 1308/Pdt.G/2019/PN Dps is a concrete example, in which a prenuptial agreement made before a notary was declared invalid because it was deemed to contain contradictory clauses and abuse of circumstances. The method used was the normative juridical research method. Based on the results of the research and discussion, it can be concluded that a prenuptial agreement made before a notary is an authentic deed that is basically valid and binding as long as it meets the requirements for a valid agreement in Article 1320 of the Civil Code, is made in the form of a notarial deed, and is registered with the marriage registry office to fulfil the principle of publicity and be binding on third parties. In its ruling, the Panel of Judges annulled the prenuptial agreement on the grounds that there was a contradiction between the property separation clause and the property distribution clause, as well as abuse of circumstances related to the failure to translate the deed to the plaintiff as a foreign national.