There are many reasons why couples decide to end their marriage. Whether it’s because of external circumstances out of your control or because you feel neglected and alone in the partnership, it’s natural to worry about the future AND your children.
For some, there’s still hope; meeting a marriage counselor could be a possible next step, and your differences could probably be reconciled. If that’s the case, we can help you find a good marriage counselor in Bali to help repair your relationship.
However, some couples realize that their marriage is over. Don’t linger in separation limbo. When choosing a divorce attorney in Bali, finding someone who understands your legal needs and the emotional aspects of your situation is important.
Indonesia Divorce Lawyer is here to help you make it official so you can finally start fresh.
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Divorce proceedings can be complex, especially when large assets, child custody, and alimony are involved. Our attorneys will provide clear communication and honest advice to help you navigate the legalities of your case.
We can help divide all assets legally acquired during the marriage, including bank accounts, houses, and investments.
Our attorneys will fight for your parental rights while guiding you through visitation agreements that keep the best interest of your children in mind.
We can assist you in drafting or revising your prenuptial agreement to ensure that your assets are protected.
If you wish to update your existing agreement after marriage, we can help secure a post-nuptial arrangement that suits both parties’ needs.
Our attorneys can help you draft your will and testament to ensure your wishes are honored after death.
A divorce is the legal dissolution of a marriage. A judge must review and approve the divorce and decide how property will be divided and how parenting will be shared. Until you have a court decision and an official decree, you’re not officially divorced and can’t remarry.
Getting divorced is challenging in many ways, not the least trying to find your way around the legal process.
You may have many decisions to make and questions to answer, like whether to hire a divorce lawyer in Bali or try to represent yourself, when and where to file papers, how to use counseling to resolve your divorce, and where to get help.
The best way to get a handle on your divorce is to determine your post-divorce needs and priorities.
In Indonesia, a marriage has legal consequences concerning the property of the husband and wife (including gifts and inheritance), wealth acquired during the marriage, and legal consequences to any owned property if a divorce should occur.
The property brought by the husband and wife separately and the property earned by respective parties as gifts or inheritance stays under their possession unless otherwise specified by respective parties. The property acquired during the marriage becomes the community/joint property of a married couple.
The husband and/or wife have a legal capacity to dispose of such property upon the approval of both parties.
In accordance with the Indonesian 1974 Marriage Law, such property shall be referred to as marital property. If a marriage is terminated due to divorce, the marital property must be arranged per the respective law. The respective law means religious law, ethnic (adat) law, and other applicable laws.
A divorce and family attorney in Bali will help you divide all assets according to the law.
Divorce means that the marriage is over. However, if you have kids, your relationship with your ex is not. For divorcing parents, issues of custody are front and center. Custody and maintenance of children, like other family matters in Indonesia such as divorce and inheritance, are determined by the religious affiliation of the respective spouses.
While this may seem absurd, it relates to the belief that religion plays an important role in the family environment in Indonesia. In the event of a divorce between a husband and wife who are Muslims, the law prioritizes custody to the child’s mother.
Child custody and maintenance for non-Moslems applies to children under 18 years old or unmarried. In the case of divorce, both parents are still obliged to maintain and educate their children until they marry or can support themselves. In the event of disputes, a district court may enter a verdict.
A family and divorce attorney in Indonesia must be able to consider these factors and observe sensibilities when handling cases with religious affiliations.
If you are an Indonesian planning to marry a foreigner or vice versa, there are some things to consider regarding your assets. Some situations to take note of include:
In these situations, hiring a divorce court lawyer in Indonesia is highly recommended to ensure that your assets are carefully laid out and given the necessary protections.
Indonesian spouses married to foreigners without a prenup cannot own a freehold property without a prenuptial agreement. A prenuptial agreement is mandatory for mixed-marriage couples in Indonesia to get around property ownership restrictions.
The prenup will establish separate property ownership, allowing the Indonesian spouse to legally own and hold property under Hak Milik (Freehold Title) on the purchased property. Please note that this negates the foreign spouse being an automatic owner of 50% of the property due to the usual joint property rule for married couples in Indonesia.
Are you worried about losing your assets if your business takes a hit? Are you an Indonesian spouse in a mixed marriage who could not preserve your rights to buy a property? If you regret not having a prenuptial agreement under these situations, consider a postnuptial agreement instead.
Previously, postnups were only recognized under specific circumstances, but a 2016 decree from the Constitution Court has made it possible to create a property separation agreement during marriage. With a postnup, community property will no longer exist after the signing date.
You’ll need to determine what property existed before the postnup and appoint one spouse as the holder, but signing the agreement is not the only step required. Don’t leave your assets and property rights to chance—safeguard them with a postnuptial agreement today.
A divorce lawyer in Bali has the expertise to navigate existing laws regarding postnuptial agreements.