Getting married is the dream of many people. However, relationships may be complicated, and marriage cannot be a guarantee that your relationship with your partner will always work out the way 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, through a divorce.
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 go about making your separation with your spouse legally?
In this article, we will tell you what the applicable law is and how you can get a divorce legally in Indonesia.
Marriage Law in Indonesia
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 non-Muslim couple will be conducted based on general court procedure regulations in a general court.
Divorce Process in Indonesia
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:
- Thalak divorce filed by a Muslim husband. Once the divorce is finalised, the former husband is obliged to pay the ex-wife proper mut’ah in the form of goods or money
- Divorce lawsuit filed by the wife or the wife’s representative
- Divorce due to adultery based on evidence
Non-Muslim Married Couples
Just like Muslim married couples, the 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 divorce law suit submitted to the general court by the wife or the husband.
All property acquired during the marriage will become joint property of the husband and wife. Only those property obtained before the marriage will stay separate for its individual owner. Applicable to both non-Muslim and Muslim couples, joint property must be divided equally to the wife and husband once the divorce is finalised.
It is always best to have a prenup before getting married, especially for mixed-marriage couples. Learn the importance of prenuptial agreement in Indonesia.
Child Custody for Divorced Couples in Indonesia
Child Custody for Muslim Couples
A child under the age of 18 and 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:
- Both parents are responsible to sustain the child’s education
- The male parent must be responsible for the child’s expenses including education
- Based on the court’s decision, the court may order the former husband to pay the ex-wife alimony or to hold other obligations
Child Custody for Non-Muslim Couples
A child under the age of 21 and has never gotten married shall be under authority and supervision of the parents. Once a divorce is granted, the court will conclude the following:
- The mother will be given the custody of a child who is under the age of 12
- For a child older than 12 years old, he or she can choose to be under his/her father’s or mother’s custodian
- The father is responsible for the child’s living and education expenses
How Cekindo can Assist with Divorce Agreement in Indonesia
Divorce is often an intensely sensitive issue. Cekindo’s legal consultants possess extensive experience and knowledge necessary for divorce cases.
Our foremost aim is to ensure that these sensitive cases are carried out effortlessly through our divorce agreement assistance without any further conflicts.
Our team excels in laws and regulations in Indonesia, striving to make sure that an amicable settlement can be achieved between the two parties.
Cekindo is all about focusing on bringing well-being and prosperity to your business and personal life. Our team is ready to handle your case during this troubling time, bringing you relief and convenience.
Get your free divorce agreement consultation now with Cekindo now. Start by filling in the form below.