LEGAL PROTECTION CONCEPT-SEPARATE MAINTENANCE FOR THE THIRD PARTY IN PRENUPTIAL AGREEMENT

Abstract

This research aims to establish the regulation concept of the procedures of making marital arrangements while in the marital period. The problem of this research is why there is a legal protection problem third party to the agreement of the equitable post-marital assets separation. Method of empirical juridical is the operation of law in the society which is seen as a real part of the social system related to its empirical reality in the society. The research findings show that the separation of the post-marital assets to the third parties affected the properties of husband and wife, all parties, in this case, is husband-wife and the third party, are bound to the content of the marital agreement and must carry out their rights and obligations as agreed in the agreement. The legal protection of the third party to the separation agreement of the post-marital assets will be binding when the marital agreement deed is made before a Notary, furthermore, the establishment is requested to the authorized District Court and recorded at the Office of Religious Affairs for Muslims, meanwhile for non-Muslims, it is recorded at the Population and Civil Registration Office according to its legal subject.