The Legal Position of Husband and Wife in a Marriage Agreement Regarding Ownership and Management of a Company

DOI

10.2991/978-2-38476-531-7_27How to use a DOI?

Keywords

Prenuptial Agreement; Limited Liability Company; Share Ownership; Legal Protection; Marital Property

Abstract

A prenuptial agreement is a legal instrument that provides protection for the rights and obligations of a married couple in regulating property, particularly in relation to the ownership and management of a company. This study aims to examine the legal arrangements of prenuptial agreements under positive law in Indonesia, analyze the legal consequences of such agreements on the position of husband and wife in the ownership and management of a Limited Liability Company, and evaluate the forms of legal protection available in the event of a dispute. The method employed is normative juridical research using a statutory and conceptual approach, with primary, secondary, and tertiary legal materials. The results of the study show that a prenuptial agreement has valid legal force if it is made before a notary and ratified by a marriage registrar, and it can protect individual rights in share ownership as well as prevent the automatic merging of assets during marriage. This agreement also serves as a basis for protection against the risk of one spouse’s debt liability affecting the company. The legal affirmation of freedom of contract is reinforced by the Constitutional Court Decision No. 69/PUU-XIII/2015, which allows such agreements to be made after marriage. It is recommended that married couples understand the importance of this agreement in ensuring legal certainty, justice, and the protection of ownership rights over business assets within the marital bond.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nicholas Vatama Siagian
AU  - O. K. Isnainul
AU  - Tommy Leonard
AU  - Willy Tanjaya
PY  - 2026
DA  - 2026/01/03
TI  - The Legal Position of Husband and Wife in a Marriage Agreement Regarding Ownership and Management of a Company
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 244
EP  - 251
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_27
DO  - 10.2991/978-2-38476-531-7_27
ID  - Siagian2026
ER  -