Legal Status of Marriage Agreement Based on Civil Code and Marriage Law

Authors : Gina Meilindan; Edwardo Bayo Sili; Zainal Asikin
article cite 3 Year 2020
source: International Journal of Multicultural and Multireligious Understanding
Abstract

This study aims to How is the validity of the marriage agreement that was changed after the marriage took place? How does the court judge analyze the marriage agreement passed by the District Court at the time of divorce. The method used is a normative method with a statutory approach and a case approach. The results of the research prove that the validity of the marriage agreement that was changed after the marriage took place is legal and remains binding for the parties. The Civil Code explicitly prohibits changes to the marriage agreement after marriage, but the Marriage Law regulates differently, namely that the marriage agreement can be changed as long as it is agreed by the parties and has been promised beforehand by the parties, so by referring to the lex specialist derogate legi generali principle , marriage agreements may be changed.


Concepts :
Legal Studies and Policies
Legal and Social Justice Studies
Marriage and Family Dynamics
article cite 3 Year 2020 source International Journal of Multicultural and Multireligious Understanding
SDGs
Gender equality
Citations by Year
YearCount
2020 3