is the purpose of this article to explain some of the most important family law related issues related, for expatriates life in Indonesia. It also includes a discussion on marriage and divorce.
First, it is important to note that the article focus primarily on the relationship between foreigners and Indonesian nationals. While foreign couples go the same events as mixed pairs, Indonesian laws as part of a foreigner-Indonesian couple watching is sometimes much more strenuous and complicated.
Please note that a recent article Jakarta Expat already addressed related issues of "Indonesian citizenship care for children of mixed marriages" and "land".
1 of 1974 on Marriage Law, "marriage is legitimate if it was carried out according to the laws of the respective religious beliefs of the parties concerned"
means by Law No mean that in generally can marry all people in Indonesia, provided that they hold a recognized religion by the Indonesian government. Islam, Hinduism, Buddhism or Christian Catholic / Protestant. Spouse must have the same religion or to make a written statement about the change of religion. be
marriages by clergy, officers of Kantor Catatan Sipil (registry office) or the cantor Urusan Agama performed (Office of Religious Affairs). be legal for marriage, it must be carried out and involved the laws of the countries of the parties comply in accordance with the religion.
It is important that any non-Islamic marriage to note must be recorded with the prior (Kantor Catatan Sipil) or marriage are not considered legal.
people of non-Islamic faith are required to first a "Notice of Intention to Marry" file at the registry office in the Regency, where they remain. They also have a "Letter of No Impediment" file, which is obtained by the consular representatives.
documents for the notice of intention fishing required are different for expatriates and for Indonesian citizens. So ensure that you consult relevant documentation with a current official website or an attorney for the purpose of the submission.
Article 57 of the Marriage Act stipulates that a mixed marriage "a marriage between two people in Indonesia is subject to other laws as a result of the difference in citizenship and one of the parties is an Indonesian citizen."
Article 60 elaborated that the requirements of marriage should the national law, the. to any person who followed in marriage, including approval requirements, age of marriage, and forbidden relationships Citizenship also follows the same requirements and the spouse either acquire the nationality of the other may or his / her citizenship with the requirements and procedures in accordance lose together to a nationality.
for the necessary documents, information and general guidance, it is necessary that the people of her country intend to marry Embassy in Indonesia, to visit and to consult as possible with as many resources. A very generous resource that is compiled a lot of information in one central location http://www.expat.or.id/info/familylaw.html.
What highlight is imperative the importance of marriage contracts in mixed marriages is because they have many problems to solve, how to help property, they should ever arise.
When marriages come to an end, people know the legal framework must be that the divorce proceedings surrounds. Marriage Act 1974 provides that may be terminated because of a marriage. 1. Death by both parties 2. Divorce 3. After the court's decision
To go with a divorce, one of the parties have a file divorce application to the court. Divorce can be performed only in a court session, a district court for non-Muslims, or before a religious court for Muslims. The list of legal divorce filing includes such reasons as :. Adultery, drugs, alcoholism, so that spouse to prevent the last two years imprisonment for five or more consecutive years, cruelty, disability or illness that conjugal obligations to fulfill, or irreconcilable differences
a court decision is a suspension , which means that a marriage be annulled if both parties can not fulfill the conditions for marriage and can only be decided by a court in the country where the marriage was performed or from the place of residence of the couple.
It is clear that the full discussion both marriage and divorce outside the scope of this article. It must be repeated that it is essential that you seek legal assistance if you have questions about your citizenship, children, stepchildren adoption, property, among other concerns. Do not hesitate to seek advice even if you think you have all the necessary information. When it comes to these things, knowledge of Indonesian law is necessary.
(Everything is written in this article is intended to provide only information and is not to serve as legal advice intended).
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