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Thinking That Your Marriage Doesn't Work and You Are Unhappy With It?

Are you unhappy with your marriage, feel disconnected, and frustrated about the state of your marriage?

Whether you unhappy because of outside situations that could not be controlled, or your spouse behaving badly, or you feel emotionally neglected, it’s natural to worry about the future AND your children.

If you wish to avoid separation, meeting a marriage therapist probably the best choice. Let us help you to find the good one.

But if it becomes clear that your marriage is over, then don’t linger in separation limbo. Every divorce is unique due to the the relationship, individuals needs, family, and assets.

It is important that you are comfortable with your solicitor, that you feel they understand your legal needs and just as importantly, the emotional aspects of your situation.

Read our Six Things You Should Know About Divorce in Indonesia (PDF)

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Divorce

Community Asset Division

Child Custody

Other Domestic Relation

Prenuptial Agreement

Post-nuptial Agreement

Will & Testament

Divorce

A divorce is the legal ending of a marriage. You require a judges to review and approve the divorce, 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 you can't remarry. Getting divorced is challenging in many ways, not the least of which is trying to find your way around the legal process. You may feel overwhelmed by all the decisions you have to make and questions you must answer, like whether to hire an attorney or try to represent yourself, when and where to file papers, how to make decisions about using mediation 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.

Community Assets Division

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 of respective parties as gifts or inheritance stays under their own possession, unless otherwise specified by respective parties. The property acquired during the marriage becomes community/joint property of a married couple. The husband and /or wife have a legal capacity to dispose of such property upon approval of both parties. In accordance with the Indonesian 1974 Marriage Law, such property shall be referred to as marital property. In the event a marriage is terminated due to divorce, the marital property must be arranged in accordance with respective law. The respective law means religious law, ethnic (adat) law, and other applicable laws.

Child Custody

Through divorce, the marriage is over, but 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, is determined by 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 Moslems, the law prioritizes custody to the mother of the child. Child custody and maintenance for non-Moslems is applicable for children under the age of 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 are able to support themselves. In the event of disputes, a district court may enter into a verdict.

Prenuptial Agreement

Prenuptial agreement might be not the type of subject that an about-to-be-married couple likes to think about prior to getting married, one of them might get insulted and refuse to even hear about it. But, if You are an Indonesian planning to marry to a foreigner (or a foreigner planning to marry an Indonesian) and either you or your spouse plan to purchase land or a home in Indonesia during your marriage, or have your own business/in a partnership, or you have children from a prior marriage, then you might be need to at least read and think about it. As for the Indonesian spouse married to a foreigner, without a prenup, is precluded to own a freehold property. So yes, a prenuptial agreement is a mandatory for mixed-marriage couples in Indonesia in order to get around the property ownership restrictions. The prenup will instigates separation of property as the rule so that an Indonesian spouse can legally own and hold property under Hak Milik (Freehold Title) on property purchased. 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. This is one of the most important points of the pre-nuptial agreement and is a requirement for a mixed couple to purchase land/property in Indonesia. A prenuptial agreement should be made before the couple married. For married couple who also wish to regulate and/or separate their future assets may drawn a Postnuptial Agreement.

Postnuptial Agreement

Many couples regretting their decision to not make any Prenuptial Agreement especially if their business not went so well and they would loose their assets or if the Indonesia spouse from mix-married couple cannot preserves her rights and buy property in Indonesia. Actually a postnuptial agreement has been recognized long before 2017 but under spesific circumtance i.e. incapable husband to manage the community’s assets – which then hard to prove that circumtances. In 2016, a decree from Constitution Court make it possible to make an agreement for separation of assets during a marriage. The postnup creates property separation in your marriage since the signing date, and therefore the community property regime, shall not exist any further. As for the property in existence prior to the postnup, you would need to determine what that encompasses. It has to be separated as well. Then, you need to appoint one spouse as the property holder. Nevertheless, please take a note that signing a postnup is not the only phase required to create a separation of property during the course of your marriage. Your Indonesian lawyer needs to work on other legal issues such as taking prior legal measures to make sure of the legality of the postnup before it is signed by the husband and wife.

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