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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!

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

Marriage performed outside of Indonesia is not automatically legal and recognized. You must willing to go through the extra mile in order to gain recognition under the laws in Indonesia. We called it reporting of foreign marriage. This thing has substantial implication to you and your family. The marriage indeed is the foundation to everything important in our lives i.e. the children, property, inheritance, etc. You make a mess with the marriage, you're messing with your own life. Not to mention your children. So, whatever you do, always think twice. 

The foreign marriage reporting has a set of time frame as imposed by the prevailing laws. You need to comply with it. They said don’t put till tomorrow what you can do today. This must be the reason why they put such a time frame in place. The reporting must be made within 30 (thirty) days since you return in Indonesia after the marriage. The older version of the law sets more leeway to report it i.e. one year. They use the new rule, without revoking the old one. The old one is the 1974 Marriage Law, and the new one is the 2003 Administration of Population Law. The old law is considered as general regulation, and the new one is a very specific law governing certain issues. The marriage registry in Indonesia, they tend to use the 2003 for governing your foreign marriage reporting. At Wijaya & Co., we alway identify the issues before they can potentially turns into a problem. 

There are two conditions or requirements that must be fulfilled in order to create legal recognition with the foreign marriage in Indonesia. First, formal requirement. The marriage is legal according to the local rules and regulation where it is performed and registered. So, when you’re married, you’re married. The laws in Indonesia will mirror anything that takes place in the country where the marriage performed and registered. Second, material requirements. This conditions applicable absolutely to the Indonesian citizen. It must refer to the prevailing laws and regulations in Indonesia especially regarding marriage. Issue under this criteria is, among others, the minimum age requirements to get marry. Mixed religion is also part of the material requirements. Failure to meet this requirement, the marriage may be voidable. It may be challengeable at the court of law. There’s a slight possibility that the marriage may be legal in the country where you register it, but it might not be recognized under the laws in Indonesia. It’s a quite tricky situation, please contact me should you wish to discuss any further about this. Things may be overlooked. This potentially can turn into something inevitably unpredictable. This can be used as one of the grounds for an annulment. See, there's more to this than meet the eyes. 

Article 56 (1) of the Marriage Law imposed strict requirements as well as time frame for foreign reporting marriage to the Indonesia’s government. This law was retrieved from the Principle of Nationality that every Indonesian citizen submit themselves to the laws of the Republic of Indonesia, wherever they are. You see, this is the interesting part of your foreign marriage. The idea behind the issue is an ancient government ruling took place from the colonial government back in 18 century. It was the Algemene Bepalingen ("AB") in the Article 16. This ruling is still there until today and become the basic law of how we determine our individuals can access the legal system wherever they are. We proud ourselves that the laws of Indonesia is always prevail in the life of every Indonesian, even if they are not on the Indonesian soil. 

So, the other inevitable legal consequences for getting marry in a foreign country is, among others, without you even realize, you’re inviting other foreign law elements into your marriage life. Not to mention, if your spouse is non-Indonesian. Another foreign law element is joining the club. You know, two is a company. Three is a crowd. You even have higher potential that you may overlook things. But remember, things can be mitigated with the help from the experienced international civil law in Indonesia.

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

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
Monday, 28 January 2019 20:35

Marriage in Indonesia

In Indonesia, according to the 1974 Marriage Law, the marriage is legal if it is performed according to your religion affiliation. You need to have the same religion with your partner. If you have two different religions, either of you must convert. It sounds awkward, but we find the religion plays important role in the success of your marriage. That’s why the Law requires you to have the same religion marriage. It is imposed by Article 2 (1) of the Marriage Law. So, if you want to do it legally, you need to do it according to your religion. It is either Moslem or Non Moslem.

You need to perform the marriage and it must be registered with the marriage registry. This is to have a legal recognition to your marriage. You see, the marriage is the foundation of everything in your life. When you’ve decided to get marry, you’ve just made a big decision. You’re starting a new page in your life. If you want to live your life the right way, get your marriage legally registered. It’s the right thing to do. It is imposed by Article 2 (2) of the Marriage Law. The marriage registry will in turn issue marriage license for you. It is the evidence that your marriage has been officially registered. At Wijaya & Co., we pay attention to the details of our clients' case.

Furthermore, the Marriage Law imposed more requirements for you before you can perform the marriage. They are:

  1. Consents from both parties. Both of you must love each other. You can’t force your partner to marry you. It takes two to tango!
  2. You need to be old enough to get marry in Indonesia. You need to be at least 21 years old. This is the minimum age requirement. Otherwise, you need to have consent from your parents. 
  3. In the event both parents are no longer complete, for example one of them passed-away or legally incapacitated, consent from either parent is enough. 
  4. In the event both parents are not available, you need consent from your guardian. This guardian must have blood relationship with you. That person can be, among others, your grand-parents, if they still alive. They must also have legal capacity to do so.
  5. You need to get a court order, if there’s dispute between parents, grand-parents, or marriage guardian, in procuring the consent for marriage.

In order to get marry legally in Indonesia, you must submit the Notice of Marriage Intention to the marriage registry. There’s 10 (ten) working days as waiting period. You can get marry after the 10 (ten) days waiting period is over. I mean, you can get marry on the eleventh day. This is imposed by the Government Regulation number 9 of 1975 regarding the Implementation of Marriage Law. Please contact Wijaya & Co. for further details about government regulation related to your marriage requirements.

As for supporting documents required to register your marriage are as follows:

  1. If you are a foreigner: copy of your passport, copy of your birth certificate, copy of your divorce decree, photos, and Certificate of Non-Impediment (so called it "CNI") Letter printed on your embassy’s letterhead.
  2. If you are an Indonesian: copy of KTP, family card, birth certificate, N-forms, photos, and original divorce decree and certificate.

A very interesting part about one of the supporting documents, some countries called it "the CNI" (Certificate of Non Impediment), like the US Embassy in Jakarta. But other countries may have different title such "the NOC." It stands for the No Objection Certificate. Both of them serve the same purpose. They certify that you are legally free to marry. The procedures in retrieving them are also varies. This is very interesting as some countries just require you to make an appointment, fill a form, pay a fee.  They will release the form to you, after they took your oath.

Some countries would require you to submit a supporting document from your home country certifying that you are legally free to marry, before they can issue the NOC to you. What's important is that Indonesia's law imposed that either the CNI or the NOC printed on the embassy's letterhead. At least, signed and sealed by the authorized officer at your embassy in Jakarta. Some countries via their embassy even refuse to issue such document for their citizen.  Well, this is the tricky part that you will have to deal with before tying the knot. As the Indonesians said it: "Indah Pada Waktunya." 

In most of the cases, the marriage registry may issue the marriage evidence on the same day of the marriage. The marriage licenses from Indonesia's marriage registries are worldwide recognized. Most major countries such as United States, United Kingdom, Australia, China, and Canada are familiar with Indonesia's marriage documents. I know this when I work with K-3 visa, a spousal visa for the spouse of a U.S. citizen.

So, consider Indonesia as venue of your marriage because getting marry in Indonesia is simple, legal, and hassle-free. Good luck, and welcome aboard!

I am 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
Monday, 04 September 2017 16:03

Legal Age for Getting Marry in Indonesia

Getting marry in Indonesia must meet age requirements as set-out by the prevailing laws and regulations. It is the age where the laws think that you have the capabilities in taking action on your behalf to tie the knot with someone. Performing the marriage legally, requires emotional maturity, and therefore such decision may not be able to be taken by a youngster.  There are many prevailing laws about the minimum legal age for getting marry, but the Marriage Law is the most relevant one, and therefore shall be referred to for such cases.

The Marriage Law stipulates that the minimum age for getting marry is 16 (sixteen) years old for a woman, and 19 (nineteen) years for a man. If you are so young, performing the marriage shall requires the consent from their parents. You don't need any parental consent when you're 21 (twenty one) years old. If you're not old enough, you need to get either a consent from your parents, or get the court of law to approve your marriage. 

We have also Civil Code that stipulates the minimum age for getting marry is 18 (eighteen) for a man, and 15 (fifteen) years of age for a woman. An approval from the President is required when you are younger. Special permission is usually granted under the circumstances such as pregnancy before performing the marriage. 

The other prevailing laws governing minimum legal age to get marry is Islamic Law, and also customary law. But national law refer to the Marriage Law, and is applicable for Indonesian citizen, and all couples getting marry under the laws of the Republic of Indonesia, regardless your nationality. 

Published in Library
Tuesday, 27 June 2017 13:22

Marriage Legalization in Indonesia

Marriage legalization is for Moslem couples only. It applicable for those who were married in an Islamic ceremony. You know, the one that required you to convert into the same Moslem religion with your partner in order to get marry. If that rings a bell now, yes, this one is for you. This is regulated under the Indonesia's Compilation of Islamic Law. It was introduced in June 1991. Since then, the legal proceeding is more and more required by the laws in order to secure the legality of the marriage by Moslem couples in Indonesia. 

You see, the marriage is the foundation of someone's life. If it's fragile, legally questionable, you might end-up in a fiasco. The marriage legalization is the legal way to fix your foundation. It might not sounds popular to some people, but it gives you the answer you and your family need. The marriage legalization is to legalize the earlier performed marriage. It has the legal power of retroactively legalize the past in order to get recognition in the future, such as the birth of the baby, property division during the course of marriage, prenuptial agreement, custody, inheritance, immigration issues, and even divorce. This is quite complicated motions as not every marriage legalization lodged gets approved by the court of law. You need to present facts and legal grounds fair enough to support your petition, instead of getting denied. Our Indonesian lawyers will guide you step by step in order to accomplish the mission. Cases I've handled so far gave me clear and pristine lessons that each court, each judge might have different idea why your case must be tried, and approved.

The recent three cases I've handled were in Tangerang, Brebes, Central Java; and Cikarang, West Java. The first one, the case was so incredibly difficult where the marriage finally legalized one month before the couple's baby due. The second one was a unique situation where the couple was already divorce by the time the marriage legalized. The incredible one was when we filed the case with one of the spouses was already dead. His wife was the Petitioner. They need the legality of their marriage for the immigration issues they face back in the United States. Article 7 of Indonesia's Compilation of Islamic Law stipulates that the marriage legalization can be carried-out by either husband or wife, and their children. Even her husband has passed-away, his wife still have the right to file for the legalization of their marriage in Indonesia. The final outcome of this proceeding may be a stipulation regarding the marriage legalization. It is also advisable to forward the court's holdings by filing it separately to the Marriage Registry. It doesn't come automatically as it is requires manual application to different government institutions. Normally, a stipulation from the court that the marriage has been legalized is enough and legally acceptable.

On another subject, the marriage legalization is not the same with marriage registration. These proceedings are under Indonesia’s 1991 Compilation of Islamic Law. The court of law is the government institution for the proceedings. This is not the same as if you perform the marriage, and register it with a marriage registry. The latter refers to marriage registration under the 1974 Marriage Law. The thing is, under this proceeding you will not receive any marriage booklet. The marriage legalization is meant to legalize the marriage previously conducted. If you were to do marriage registration now, you will have new marriage date. The actual date when you perform the marriage. So, on another words, those two things are similar but have different legal impacts both to your marriage, and your beloved family.
 
You see, this is all about turning the clock around and fixing things. Things that might left behind. Important enough to turn around to, the future of your family. I am Asep Wijaya, writing for Wijaya on the Access. Thank you for reading.
Published in Library
Friday, 28 April 2017 13:58

Marriage in Indonesia

 
Marriage registration in Indonesia can be done after fulfiling ten days waiting period. You must have the same religion in order to get marry in Indonesia. We don't recognize mixed religion registration. Any marriage performed according to the couple's religion affiliation is legal in Indonesia. For non-Moslem couples, after they performed religious ceremonies, they must register their marriage with the civil registry in order to make it legally recognized. Under the current law, it must be done at the same jurisdiction with their domicile. Otherwise, the civil registry will not be able to accept their marriage registration. As for Moslem couples, their marriage must be registered with the Kantor Urusan Agama (KUA). They will receive a passport-sized marriage book colored in brown and green. The English term for this government institution is Office of Religious Affairs. Marriages registered with the KUA is legal and recognized, even without registration with the civil registry.  
 
The marriage ceremony can be done at the office of the marriage registry, or it can also be done at your place i.e. hotel, apartment. They can also come to your house. The marriage books or marriage certificate will be presented to you after the  ceremony. If you sign a marital agreement before the marriage, the details of your prenup shall also be printed on the marriage book/certificate. So is with the prenup, it will have the registration details from the Marriage Registry. This is to meet publicity requirements as set-out by the Marriage Law. The marital agreement must also be registered with a court. Both of registrations will be shown in your marital contract. You need to do this in order to create a legally binding marital contract, and a bonafide marriage. I strongly suggest you do so.
 
During the proceeding of the marriage, you may also conduct a child legalization. This involves the child birth certification to include his/her relationship with the biological father. Nowadays, they need you to supply a DNA test to support your parental claim. Two witnesses are required in order to support the birth registration of the child. At this point, you need to perform a court litigation. This is quite tricky situation. This may also involves citizenship issues if the alledged father is an Indonesian. The child birth certificate will show his/her nationality(ies). This is a civil document to prove the legal identity of the child. This is the last thing you want to mess up with.
 
As you can see, the marriage is the foundation of your life. It affects so many aspects in your life, and your loved ones. When you're doing things rights, and you're doing it the right way, you'll be fine. Everyone will be alright. Wijaya & Co can assist you in registering your marriage by going through the administrative procedures and government bureaucracy, so you don't have to. Our lawyers know how to get you tie the knot with your partner legally.
 
My name is Asep Wijaya. Thank you for reading my posts, and visiting my blogs.
 
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