Legal Literacy - This article discusses the challenges and legal considerations arising from mixed marriages, where couples come from different national, cultural, religious, or ethnic backgrounds. In the era of globalization, this phenomenon is increasingly common, but it brings legal complexities, especially regarding marriage regulations, the rights and obligations of husband and wife, division of assets, and child custody. This article explains the importance of prenuptial agreements in overcoming legal uncertainties that may arise in mixed marriages, especially in Indonesia where legal regulations are not yet fully supportive. Focusing on Law Number 1 of 1974 concerning Marriage in Indonesia, this article invites readers to understand the importance of legal preparation and prenuptial agreements in preventing conflicts and ensuring equal legal protection for both partners.

Mixed Marriage

Mixed marriage is a marriage that originates from differences in country, culture, religion or different ethnic backgrounds. This is an increasingly common phenomenon in today's era of globalization. In this case, from a legal point of view, the consequences of mixed marriages raise various complex considerations, especially related to differences in applicable laws, culture and religion between partners.

Legal differences between two countries can be a significant problem in mixed marriages, in this case the main thing is related to legal rules governing marriage rules, the rights and obligations of husband and wife, division of assets and also child custody. Such legal conflicts can be a source of uncertainty and conflict in a marital relationship.

Consequences of Mixed Marriage Without a Prenuptial Agreement

In mixed marriages without a prenuptial agreement, legal uncertainty can become a serious problem. Without a clear prenuptial agreement, both partners do not have clear direction regarding how their assets will be divided in the event of divorce or death of one of the partners. Another aspect that can become a problem is related to the rights and obligations of husband and wife in mixed marriages without a prenuptial agreement where financial responsibilities, child custody, especially the legal status of the child's citizenship and also partner support in the future can become a source of conflict and uncertainty.

Some individuals may choose not to make a marriage agreement because they believe in each other's commitment and they consider that a marriage agreement can reduce intimacy in the household relationship.

Regulations regarding Mixed Marriage in Indonesia

In Indonesia, regulations regarding mixed marriages are regulated in Law Number 1 of 1974 concerning Marriage. From a legal point of view, it is important for couples who choose to marry, especially in mixed marriages, to make a prenuptial agreement, this can help avoid conflicts and uncertainties in the future. Also, in our own law there are no adequate regulations to deal with problems that arise in mixed marriages. So it is hoped that the existence of a prenuptial agreement can provide equal legal protection for all parties. Where in this case what can be done includes a clear premarital agreement, legal assistance and mediation to resolve conflicts that arise.