• +62 8128 2128 999
  • aw@wijayaco.id
  • +62 8128 2128 999
  • aw@wijayaco.id

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!

Published in Library

Marriage in Indonesia is the basic foundation for almost everything in your life. We take it very serious as failure to do do will make you end up with several consequences. It affects the whole aspects of your family such as children, inheritance, property ownership, including the relationship between you and your partner.

In order to prove the importance of the registration of a marriage, Indonesia has more than one laws during the time of early independence up until now. The recent one was issued in 2018 by the Ministry of Religion Affairs under regulation number 19 of 2018 regarding Registration of Marriage. This regulation issued for Moslem couples marriage with the Office of Religious Affairs (Kantor Urusan Agama/KUA) as the government institution responsible for conducting and keeping records of the marriage. This new regulation introduced new product as proof of the registration i.e. marriage card. Apart from the existing marriage booklets, the marriage card has details about your marriage too. The card is the short version of your marriage evidence. 

The procedures for marriage registration must be initiated by lodging a Notice of Marriage Intention. The notice must be filed within ten (10) working days before you can perform the marriage. If you wish to get marry less than ten (10) days, a special dispensation is required from the district head in the area of your residence. People usually plan the marriage ahead. So, getting marry in a short notice usually would require special attention. At Wijaya & Co., we always pay attention to the details of our clients’s works. 

The notice of marriage intention lodged to the marriage registry must be supported with the following documents:

  1. Copy of your birth certificate;
  2. Copy of your family card;
  3. Copy of your KTP;
  4. Originals of N forms;
  5. Divorce certificate, if applicable;
  6. Death certificate, if applicable;
  7. Copy of your passport, KITAS, and the Non Impediment Letter printed on the letter head of your embassy in Jakarta, applicable if you are a foreign citizen.

Upon receipt of your notice of intention to marry, they will conduct documents verification by interviewing you, your partner and your parents. The interview is to identify any potential legal constraint that may be exist in your relationship. They will deny your application in the event you have incomplete supporting documents or they identify any potential legal constraint. They will reject application and they will let you know the reason why. Please contact me for getting your application accepted smoothly.

In the event they accept your marriage notice, they will post it for public for ten (10) days until you’re up for the wedding. The notice shall also be published in other media as deemed necessary. This is in order to reach public as much as possible. It is according to the principle of positive publication with the registry of marriage in Indonesia. Furthermore, the registration of the marriage shall be conducted after you performed the marriage.

Your marriage may be performed after meeting the following requirements:

  1. Bride and groom;
  2. Marriage guardian;
  3. Two witnesses;
  4. Consent that consist of Ijab Qabul performed by the guardian and the groom. This is very interesting as the father of the bride as the guardian consent the marriage with the groom. It symbolises that after the marriage, the bride is no longer her father’s responsibility but the husband’s.

The marriage books as proof of marriage registration will be presented at the end of the marriage ceremony to both husband and wife. So they will give you two original marriage booklets with two different colora: brown and green.

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

Published in Library

Getting marry is going to be the best decision you'll ever made. It is a simple decision with the a future lying ahead of you. They said the marriage is the foundation to everything in your life, among other, property. Both husband and wife are to have joint property ownership after the marriage, if they did not sign anything like a prenuptial agreement. Sometime, you don't get one just because you thought you did not need one. But now, the Constitutional Court revised the Article 29 (1) of the Marriage Law that the marital agreement may be entered as well during the course of marriage. The verdict number 69/PUU-XII/2015 officially created a postnuptial agreement on October 27, 2016 as one of the legal instrument in management of your assets in the marriage. Now, you can have one when you feel you need one.

The ideas behind this decision to officially allow the postnuptial agreement for married couples were to create separation of property and assets between husband and wife. Their separate assets are protected. No drama in fighting for property division. The same idea also applicable to debts. Husband and wife shall responsible for debts they created. The postnup therefore shall create separation of liability during the course of marriage. Furthermore, no consent is required from each of the party in the marriage in the event they want to sell their own separate assets. As for loan application with the bank, neither party is required to obtain consent from their spouse in putting their separate assets as a mortgage. In view of the above, the court wants both parties are totally independent in managing their assets. This is a fine legal reasoning. The Constitutional Court, they keep-up with the contemporary developments within the society in Indonesia. Awesome!

The validity of the postnup shall be initiated as soon as you’ve signed it. It is applicable since you entered it, and it is advisable not retroactively backward. It is applicable on actual date. This is to avoid any conflict of interests with any third party, because since the marriage date the couple might have been created jointly owned marital assets. It is very difficult to differentiate which property belongs to separate or joint property. You may potentially jeopardize the third party’s interests such as banks, and other investors in your marital assets. If you should retroactively draw the postnup back to the marriage date, at least you need to have the properties included into the exhibit and make sure they are mortgage-free. Apart from the ones listed in the exhibit, they belong to both of them. The couple is to have equal shares. This will also include the creditor(s) having a portion in the unlisted properties for the part that a mortgage has been put under. You may want to contact me here to discuss any further about this matter.

The postnup created under the verdict from the Constitutional Court has potential challengeable issues. The verdict put a notary as the party that legalize the postnup. According to the civil law procedures doctrines, this is not a proper ruling. They put the role of a notary to substitute the authority of a judge. You see, having a prenup and not having a prenup is a big deal, because it creates a property separation during the course of marriage. This situation is full of potential issues because when you're having a property, whether you like it or not, it involves other third party(ies) too, not just you and your spouse. The other third party such as bank as the lender if the property under mortgage, the government through the BPN (Badan Pertanahan National/National Land Registry), and other party that may have interest in your assets acquired during the marriage. At Wijaya & Co., we always pay attention to our clients' details and therefore issues are identified before they become potential hiccoughs. 

By having a notary legalizes a postnup, they are driven to declare some new legal situation. Last time I checked, this is the domain of a court through their legal instruments i.e. court decree. They called it a Declaratory Verdict. It creates a new legal facts, a new situation. For instance, declaring from joint property ownership to separation of ownership. As far as I concern, the court have a very established sets of law in civil procedures. Before finally reaching the verdict, the court must conduct a cross examination. This is a very important phase in civil legal system. If you were not happy with the verdict, you may file an appeal to the higher court within 14 (fourteen) days since the date the verdict reached. If there was nothing within that set of time-frame, the court finds that you are happy with the verdict, and everybody can get on with their lives. Your Indonesian attorney may proceed to draft a postnup for you.

You can't have those situations if a notary is to legalise the postnup. The convert from joint property to separate property, is not legally assessed with substantial rule of evidence, like the one they're doing it at a court proceeding. If one of the spouses was not happy, or seek any potential leeway that may benefit them in a divorce case, they might want to revoke the prenup. I would say they may be able to do that. Therefore, the postnup as its final outcome, is challengeable, and may be voidable. I would suggest you should consider it with full discretion. If your situation is full with substantial marital property, you should decide if any further reasonable action may be taken to secure your interests. 

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

 

Disclaimer:
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found anywhere in this article nor in this website. 
Published in Library

When you're married, you're married. Most people wants the marriage for once in a life time. But at some point, you want to "undo" the decision and "reinstate" the status. From married to single. This is doable with the marriage annulment. Although permitted under strict requirements, the application for marriage annulment must be lodged to the court within the territory of the Republic of Indonesia. This is the procedures to turn the clock around under civil law in Indonesia. This has several legal consequences to your marital status. Shall we go over the rest of them? Read on!

Marriage annulment in Indonesia is a court litigation proceedings, similar with divorce application. It requires litigation skills by lawyers who specialize in civil law, family law or international civil law to assist you to navigate with the sophisticated legal system. At Wijaya & Co., we assist our clients with their annulment cases in Indonesia. The proceeding may be conducted with the same chamber of court with other family law cases. Some may not be familiar with the proceedings as this is one of a kind. 

The application for annulment of marriage must meet the following criterias:

  1. It must be made within six (6) months since the marriage date. They have strict time-frame. If you stay in the marriage for more than six months, they think you're accepting the marriage. They might think you enjoy tying the not with your spouse. Comfy, yet?
  2. Must be made to the court according to your jurisdiction. They set-out a very strict ruling with the court jurisdiction. This is understandable as the legal system needs to provide a certainty for those whose committed with the sacred bond of matrimony. 

The parties that may apply for the marriage annulment are as follows:

  1. Upper line family members of husband, or wife. They include your parents, your grand parents, etc. 
  2. Husband or wife. They must step forward and tell the truth. After all, this is the life they're about to go through;
  3. The authorized officer before the marriage dissolved. They may be able to do it by occupation;
  4. Any party that has legal interest to the marriage, but only after the marriage has been dissolved. This may be related to the the property acquired during the marriage i.e. mortgage with the bank, etc. This situation makes things get complicated. Other third parties may be involved in the marriage because finally they are affected as well;
  5. Any person related to the bride or groom under the marriage relationship. The child(ren) of either spouse may be included in this category. They are the person that may be suffer more than anybody else if the marriage turns sour.

One of the main requirements to apply for the annulment is that the marriage must be originally performed and registered in Indonesia. It doesn't matter if it was a Moslem or Non-Moslem marriage. It must be registered and recognised under the Indonesia's Marriage Law. The marriage must have proof of registration from the marriage registry in Indonesia. It doesn't matter your nationality, whether you're an Indonesian or a foreigner. Please contact me if you want more details on this matter.

The court upon receipt of the marriage annulment shall hold a litigation proceedings, and the procedures shall be set-up according to the applicable divorce litigation proceedings. Some pointers that you need to anticipate is that the court may require two (2) witnesses to testify. They need to come to the court and supply the information to the judge. The court will take their oath in order to be used as evidence. This is a substantial part of the case and therefore you must have some family members to support you should you want to go ahead with the case.

Although, the marriage annulment may reverse your marital status, but it will not, in anyway, take effect to the children born into the marriage, property, debt and other financial consequences. This is according to the Article 28 of the Marriage Law. The annulment of a marriage applicable after the court order legally binding. You see we have 14 (fourteen) days waiting period for you to file for an appeal. If they didn’t receive any appeal from either party within that period, the annulment will be legally binding. You’re back to square one!

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

Disclaimer:
The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found anywhere in this article nor in this website. 
Published in Library

What's New!

Featured Library

More Library..

Featured Blogs

 

News & Events

More News..

Copyright © Wijayaco. All Rights Reserved