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If you think divorce is the best possible solution for you, many things that should be included into a consideration. In Indonesia, you need to determine court jurisdiction responsible to dissolve a marriage. We have two courts here i.e. district court, and religious court. You file your divorce application at a district court if you're married in Non Moslem ceremonies. Application for your divorce should be filed at the religious court, if you're married in Moslem ceremony. 

Talaq or Divorce Application

Article 38 of Marriage Law imposed that a marriage can be dissolved due to death, divorce and a court decree. As for Moslem couples, a marriage dissolution via divorce can be done with Talaq or divorce application. They are the same. One of a kind. It consists about your marital situation that can lead the judge to dissolve your marriage. The only difference is the first one filed by a husband. The latter lodged by a wife.

Remember, this is for the couples married in Moslem ceremony. Talaq is an oral statement in front of the presiding judges. Your submission of divorce for talaq application must be supported with valid reasons why the court may dissolve your marriage. They must also meet legal requirements in divorce application, both in general rules or religious court procedures.

Legal Grounds for Divorce

There are  legal grounds of filing for divorce that have been regulated in the Marriage Law, which are, in the event one of the parties:

  1. has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or exhibits other vices which are difficult to cure;

  2. has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;

  3. has been sentenced to imprisonment for five (5) consecutive years or a longer period;

  4. has resorted to cruelty or severe ill treatment, endangering the life of the other spouse;

  5. has developed a disability or disease, preventing from fulfilling the duties of husband or wife; or

  6. has irreconcilable differences.

Your situation must meet one of the above legal grounds. Otherwise, they will throw your case and deny your application. You only have one shot bite at the apple! Just make it count.

Indonesia's Supreme Court ruled that every divorce-related case must go through any mediation. It's like a last call before you decide to give a go to your divorce. They will want you to come and meet a court-appointed mediator. This is a-must-go session. They will be asking questions why you want to dissolve your marriage in a first place. It's not everyone's favourite moments, but you have to be there just once. After that they will call it a day.

Evidence

The court would require you to submit evidence that there is indeed a situation where your marriage meets a legal ground to get divorce. Our law would require you to submit documents as well as witnesses in the same time.

They must support your divorce application. First, you need to be able to submit a marriage certificate, birth certificate of your children, and some other background information about your marriage. Second, you must have witnesses. They must come to the court, and take a stand in the court room. 

Divorce Verdict

When the court reached the verdict, a divorce application made by a wife will legally binding within 14 days. As for the talaq application made by a husband, it will not be so within give time. Not until you as a husband show-up to the court and perform the talaq statement. You will have repeat after the judge. Before that, you have to make sure you paid the spousal support to the court for your ex-wife. Otherwise, you can't perform the talaq ceremony.

Your marriage dissolution becomes legally binding after you conducted the talaq statement. Within approximately 14 days. They will issue a court decree regarding your divorce. Failure to do so, the divorce decree made upon your talaq application is void. The divorce is not valid, and you're stilll legally married to your wife. You will have to do it again.

My name is Asep Wijaya. Thank you for visiting my blog and reading my posts!

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We take marriage very serious in Indonesia. You need to meet certain requirements, terms and conditions in order to get legally married. Once you have been issued a marriage certificate, or a marriage book for Moslem couples, your marriage is legally recognized. The terms and conditions for a person to get legally married in Indonesia are, among others:

  1. Consents by both parties; bride and groom;
  2. They must be aged 21 years. They must obtain parents' approval, or either parent if one of them has passed-away, or from their guardian in the even both of them have passed-away.

Consents by both parties are required in order to avoid forced-marriage, or arranged marriage. Both bride and groom must love each other without any force to enter into a matrimony. This is in accordance with our philosophy that marriage is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on belief to one and only God. This aim most likely will not be met without consents of both parties.

The idea of having the couples aged 21 years old to get married without parents' consent, among others, is to have matured spouses in the matrimony as it requires emotional as well as physical efforts. 

The Applicant 

If you think a marriage does not meet the above terms and conditions, you may file a cancellation to the court of law. An application may be submitted to the court with a jurisdiction as governed by the 1974 Marriage Law. In order to file an annulment application, you must be either:

  1. You are one of the parties in the marriage, either wife or husband;
  2. You are the parents of the groom or the bride;
  3. You are the authorized officer as governed by the Marriage Law;
  4. Any party related with legal interest to the marriage. This can be, among others, a wife whose husband is getting married again without her approval for committing bigamy.

You need to pay attention to the time frame for filing the annulment with the ground that the marriage conducted under a threat. You have only six  (6) months to file for the annulment application to the court. After that, the law will see you accept the situation, and annulment is no longer the case. 

Legal Consequences

The marriage annulment will not take affect to your children's legal status. They are legitimate one, and therefore shall have the legal relationship with their father. The rights and obligations within parental relationship are still in place even the marriage has been canceled. 

As for the property, since the marriage declared annulled and therefore it's not legally recognized since day one, the property division is not applicable between the husband and wife that is not legally free to marry. This may happen especially when the previous marriage still exists and is not yet to be dissolved.

Key Take-away

Marriage annulment has many aspects to meet. Failure to do so will make the court reject your application. Instead of filing for the annulment, I would suggest you to go with a divorce application. You have more leeways and options in pursuing your goals. We have one legal ground that commonly used in the field of practice i.e. irreconcilable differences. 

I am Asep Wijaya. Thank you for reading my blogs!

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