[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-138749-105":59,"doc-detail-138749-en":130},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":123,"head_meta":125,"extra_data":127,"updated_unix":129},105,"en","legal-protection-of-marital-property-through-the-creation-of-a-marriage-contract","Legal Protection of Marital Property through the Creation of a Marriage Contract","","Married Indonesians who did not sign a marriage contract often face disputes over how joint property should be divided upon divorce. Religious Courts face evidentiary difficulties because neither party has authentic proof regarding the origin of the spouses’ property. This study examines legal protection for marital property by using a marriage contract deed, applying juridical-normative research with qualitative analysis. Findings show protection can be realized only after the wedding, and the contract functions as binding law consistent with Civil Code Article 1338 and Marriage Law Article 29.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/legal-protection-of-marital-property-through-the-creation-of-a-marriage-contract/138749/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/legal-protection-of-marital-property-through-the-creation-of-a-marriage-contract/138749.png","ImageObject",300,407,{"name":92,"@type":93},"Sophia Brooks","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-09-19","2026-08-23",true,{"@type":102,"interactionType":103,"userInteractionCount":29},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"Why do disputes arise over marital property at divorce in Indonesia?","Question",{"text":112,"@type":113},"Disputes arise because the division of common property becomes contested when parties did not enter into a marriage contract and each spouse has personal property acquired before marriage.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What evidentiary problem do Religious Courts face in such cases?",{"text":117,"@type":113},"Religious Courts cannot decide marital asset distribution effectively because there is no marriage contract and therefore no authentic evidence about the origin and validity of each spouse’s property.",{"name":119,"@type":110,"acceptedAnswer":120},"How does a marriage contract provide legal protection for marital property?",{"text":121,"@type":113},"Legal protection through the marriage contract deed operates after the wedding, because the contract serves as binding law for the parties and must be carried out in good faith under the Civil Code and Marriage Law, with possible compensation if breached.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},138749,1787487470,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":29,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":129,"read_time":144},962084925636,"https://ap-avatar.wpscdn.com/davatar_994ba38a5ba835b3df7d355c54d3ed8d","Legal Protection of Marital Property through the Creation of a Marriage Contract  \nAndhika Rizky Pratiwi1, Areta Edgina Apta Maharani2, Nabila Pangesti Yudhiasti3, Sahat Tua Richard Alexanderth4  \n1,2,3,4Universitas Airlangga Surabaya, Indonesia  \n[andhika.pratiwi1996@gmail.com](andhika.pratiwi1996@gmail.com), [aretaedgina1@gmail.com](aretaedgina1@gmail.com), [npynabila@gmail.com](npynabila@gmail.com),  \n[richardalexander2795@gmail.com](richardalexander2795@gmail.com)  \nAbstract  \nMarried Indonesians who have never entered into a marriage contract face conflict over the division of common property during divorce. On the other side, the Religious Courts have difficulties deciding such matter since neither party entered into a marriage contract, and thus lack authentic evidence related to the origin of the husband's and wife's property. The objective of this study is to examine the legal protection of marital property through the use of a marriage contract deed. This paper employed juridicalnormative legal research. Subsequently, the object was studied qualitatively. The study's findings indicate that legal protection of assets in a marriage contract can occur only after the wedding take place. Where a marriage contract serves as a law for the parties, this is in accordance with Civil Code Article 1338. Additionally, Article 29 of the Marriage Law requires that the agreement's contents be carried out in good faith, taking into account applicable law, religion, standards of decency, and public order. Unless one of the parties breaches the marriage contract and causes harm to the other party, the court may grant compensation to the aggrieved party, which may include both demands for the agreement's execution as well as compensation.  \nKeywords  \nlegal protection; marriage property; marriage certificate  \nI. Introduction  \nMarriage as a legal action entails both rights and responsibilities for the one who performs it. However, there are legal ramifications to marrying, namely involving the legal connection between husband and wife, as well as marital property and income. Along with the passage of time as they navigate the ark of life, husband and wife relationships do not always work fine due to a lack of domestic harmony, which finally results in separation. As a result of the divorce law, a new issue has arisen: disagreements over the allocation of joint assets, because it is well established that each husband or wife brings and acquires property prior to the marriage. Married couples also have assets gained during the marriage, referred to as joint property.  \nDue to the aforementioned issues, the Religious Courts are unable to deal with situations on cases involving the distribution of marital assets since they lack evidence of a marriage contract and, as a result, lack information on the personal assets of the husband and wife involved. Due to this occurrence, a marriage contract was developed out of need. Marriage contract in Islam is considered as a matter that must be handled with care, because it will have legal implications for various other things caused by marriage, such as nafaqah, inheritance and also the sustainability of happy households (Imran, et al. 2019) .  \n\"Contract is an act in which one or more persons tie themselves to one or more other persons,\" per Article 1313 of the Civil Code. A marriage contract must be approved by the marriage registrar in accordance with Article 29 of Law No. 1 of 1974 Governing Marriage, which states that the agreement must be made on or before the marriage takes place.  \nAs a matter of fact, it is critical to carry out this marriage contract since its aim is to protect either the husband's or wife's innate property, and it may also be used to distribute joint property upon divorce, or in other terms, as a result of divorce legislation.  \nMaking a marriage contract as a means of protecting the law against inherited assets, legal protection for the community must be implemented in t","cbCairtzMxB9qpeI","https://ap.wps.com/l/cbCairtzMxB9qpeI","pdf",835723,11,"English","# I. Introduction\n# II. Research Method\n# III. Results and Discussion\n## 3.1 Characteristics of Marriage Asset Management Structure in Marriage Law","[{\"question\":\"Why do disputes arise over marital property at divorce in Indonesia?\",\"answer\":\"Disputes arise because the division of common property becomes contested when parties did not enter into a marriage contract and each spouse has personal property acquired before marriage.\"},{\"question\":\"What evidentiary problem do Religious Courts face in such cases?\",\"answer\":\"Religious Courts cannot decide marital asset distribution effectively because there is no marriage contract and therefore no authentic evidence about the origin and validity of each spouse’s property.\"},{\"question\":\"How does a marriage contract provide legal protection for marital property?\",\"answer\":\"Legal protection through the marriage contract deed operates after the wedding, because the contract serves as binding law for the parties and must be carried out in good faith under the Civil Code and Marriage Law, with possible compensation if breached.\"}]","Legal Protection of Marital Property through the Creation of a Marriage Contract | PDF",28]