Getting a Divorce Legally in Indonesia: Your Guide

Many people dream of getting married. However, relationships may be complicated, and marriage cannot guarantee that your relationship with your partner will always work out how you want it to. There will be times when your marriage is in question or does not work out anymore, and you want to end it once and for all, resulting in a divorce in Indonesia.

Various reasons contribute to divorce cases in Indonesia, including poor communication, marital infidelity, domestic violence, financial stress, job loss, religious differences, and cultural conflicts.

So, when a marriage breaks down in Indonesia, how should you make separating from your spouse legal?

In this article, we will explain the applicable law and how to get a divorce in Indonesia legally.

Divorce in Indonesia Law

According to the Marriage Law in Indonesia, a married couple can file for divorce when one of them is an Indonesian national, an Indonesian resident, or someone who has a significant bond with Indonesia.

The divorce process of a Muslim couple will be performed based on Islamic religious procedure regulations at a religious court; a divorce for a non-Muslim couple will be conducted based on general court procedure regulations in a general court.

Divorce Procedure in Indonesia

According to Article 39 of the Marriage Law, a marriage can be dissolved through death, divorce, or court decisions. The law specifies that:

1. Divorce can only be granted after the court has attempted and failed to reconcile the two parties during a court session.
2. There must be valid reasons indicating that the husband and wife cannot coexist harmoniously.
3. The process for filing for divorce is governed by specific statutory regulations separate from the general law.

Divorce Requirements in Indonesia 

Divorce is a legal process for ending a marriage. It must be carried out in court: the district court for non-Muslims and the religious court for Muslims. Therefore, either spouse seeking a divorce must petition the relevant court.

The grounds for divorce are outlined in the Marriage Law and include situations where one party:

1	Has engaged in adultery, suffers from alcoholism, drug addiction, gambling, or other serious vices that are difficult to treat
2	Has abandoned the other spouse for two continuous years without consent, valid reasons, or circumstances beyond their control
3	Has been sentenced to imprisonment for five years or more
4	Has committed acts of cruelty or severe mistreatment that threaten the other spouse’s safety
5	Has developed a disability or illness that impedes their ability to fulfill marital duties
6	Faces irreconcilable differences, such as ongoing conflicts and an inability to restore harmony in the relationship

How Long Does a Divorce Take in Indonesia

Filing for divorce in court and scheduling the initial divorce hearing will take 30 days. This period starts from the receipt of the divorce petition and the subsequent examination by the judge.

The court session will then be held to review the divorce petition that has been received. The timing of this session will be determined based on the notice period and the receipt of the summons by both the plaintiff and the defendant or their representatives.

If the defendant resides outside Indonesia, the divorce hearing will be scheduled within a maximum of 6 months from the date the divorce petition is filed with the court’s registry.

The Different Processes of Divorce in Indonesia

Divorce can face different processes between Muslim and non-Muslim married couples in Indonesia. Here are the highlights:

Muslim Married Couples

Non-Muslim Married Couples

For Muslim married couples, they can only proceed with divorce at the religious court when the court has failed to reconcile them. Three types of divorce process can be seen under the Religious Court Law: 1. Thalak divorce filed by a Muslim husband. Once the divorce is finalized, the former husband is obliged to pay the ex-wife proper mut’ah in the form of goods or money 2. Divorce lawsuit filed by the wife or the wife’s representative 3. Divorce due to adultery based on evidence

Just like Muslim married couples, non-Muslim married couples can only divorce once the court has failed to reconcile their relationship, according to Indonesian Marriage Law. Non-Muslim couples’ divorce has to be conducted via a divorce lawsuit submitted to the general court by the wife or the husband.

READ MORE:

• Mixed Marriages in Indonesia: What are Your Rights?
• Doing Business on a Spouse Visa in Indonesia

Assets Distribution

All property acquired during the marriage will become joint property of the husband and wife. Only those properties obtained before marriage will remain separate from their owners. Applicable to non-Muslim and Muslim couples, the joint property must be divided equally between the wife and husband once the divorce is finalized.

It is always best to have a prenup before getting married, especially for mixed-marriage couples. Learn the importance of prenuptial agreements in Indonesia.

Child Custody for Divorced Couples in Indonesia

In Indonesia, child custody for divorced couples is different between Muslims and non-Muslims, as highlighted below: 

Muslim Couples

Non-Muslim Couples

A child under 18 who has never gotten married must be supervised by the parents. The Court will decide if the custody is held solely by one parent or jointly by both parents. Here is what will happen when a divorce is concluded: 1. Both parents are responsible for sustaining the child’s education. 2. The male parent must be accountable for the child’s expenses, including education. 3. Based on the court’s decision, the court may order the former husband to pay the ex-wife alimony or to hold other obligations.

A child under 18 who has never gotten married must be supervised by the parents. The Court will decide if the custody is held solely by one parent or jointly by both parents. Here is what will happen when a divorce is concluded: 1. Both parents are responsible for sustaining the child’s education. 2. The male parent must be accountable for the child’s educational expenses. 3. Based on the court’s decision, the court may order the former husband to pay the ex-wife alimony or to hold other obligations.

READ MORE:

• Mixed Marriage in Indonesia: The Importance of Prenuptial Agreement
• How to Obtain A Spouse Visa in Indonesia

How InCorp Can Assist with Divorce Agreements in Indonesia

Divorce is often an intensely sensitive issue. InCorp’s legal consultants possess extensive experience and knowledge necessary for divorce cases.

Our foremost aim is to ensure that these sensitive cases are handled effortlessly and without further conflicts, using our divorce agreement assistance. Our team excels in laws and regulations in Indonesia, striving to ensure an amicable settlement between the two parties.

InCorp focuses on bringing well-being and prosperity to your business and personal life. Our team is ready to handle your case during this troubling time, getting you relief and convenience.

Get your free divorce agreement consultation now with InCorp. Start by filling in the form below.