Tadulako Law Review (Jun 2022)
REVIEW OF JOINT ASSETS DUE TO DIVORCE IN MIXED MARRIAGE WITHOUT A MARRIAGE AGREEMENT
Abstract
Married couples who do mixed marriages often did not pay attention to the legal consequences of such act, especially to joint property. In order to protect themselves personally and so that in the future the legal consequences of a legal act can be accounted for by each party so that it does not involve their assets, the couple who is in a mixed marriage should make a marriage agreement. The Marriage Agreement prior to the Constitutional Court Decision Number 69/PUU-XIII/2015, in accordance with Article 29 paragraph (1) of the Marriage Law can only be made at or before the marriage takes place. The author conducted a research on the case with a normative juridical research type and the nature of the research was descriptive-analytic. Based on the results of the study, the author concludes that the legal implications of the cancellation of the Marriage Agreement cause as from the beginning there was never an agreement. Therefore, in such mixed marriages, there are joint assets that must be divided between husband and wife after the marriage ends due to divorce, namely 50% (fifty percent) or half of the joint property, respectively
