Understanding Divorce and Marriage Law in Indonesia for Foreigners

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Understanding divorce and marriage law in Indonesia for foreigners is important for anyone planning to get married or divorced in Indonesia.

The country has a unique combination of civil, religious, and administrative rules that must be followed to ensure a marriage or divorce is legally valid.

This guide explains the essential points in simple terms.

Marriage Requirements in Indonesia

Unsplash/Sandy Millar

Foreigners can legally marry in Indonesia, but the process includes several important steps.

Basic rules of marriage are regulated under Law No. 1 of 1974 on Marriage (amended by Law No. 16 of 2019).

1. Required Documents

Both partners must prepare valid identification.

Foreigners need a passport, while Indonesian citizens must show their ID card (KTP) and Family Card (KK).

These documents help confirm legal identity before marriage registration.

Document requirements follow Government Regulation No. 9 of 1975, which implements the Marriage Law.

2. Certificate of No Impediment (CNI)

Foreigners must obtain a CNI from their embassy or consulate.

This certificate proves that the person is legally free to marry.

Without it, the Indonesian authorities cannot continue the marriage process.

This aligns with the requirement in Article 60 of Law No. 1/1974, which states that mixed marriages must meet the legal conditions of each partner’s home country.

3. Religious Marriage System

Indonesia only recognizes marriages conducted according to a religion.

Muslim couples marry through the Office of Religious Affairs (KUA), while non-Muslim couples must hold a religious ceremony followed by registration at the Civil Registry Office.

These steps ensure the marriage is officially recognized under Indonesian law.

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4. Mixed Marriage Considerations

Marriages between foreigners and Indonesian citizens may need a prenuptial agreement, especially regarding property ownership.

Indonesian law restricts land ownership for foreigners under the Basic Agrarian Law (UUPA) 1960.

Prenuptial agreements for mixed couples are legally recognized under Article 29 of Law No. 1/1974, and can also be made post-marriage based on later legal developments.

Divorce Procedures for Foreigners in Indonesia

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Foreigners may file for divorce in Indonesia if the marriage took place in the country or if they live in Indonesia legally.

1. Divorce for Muslim Couples

Muslim couples must process their divorce through the Religious Court.

This is regulated under the Compilation of Islamic Law (KHI) and the Religious Courts Law (Law No. 7 of 1989, amended by Law No. 50 of 2009).

The judge will review reasons for divorce, such as conflict, abandonment, or financial issues, before making a decision.

2. Divorce for Non-Muslim Couples

Non-Muslim couples go through the District Court.

Hearings involve discussions about property, alimony, and child custody.

Divorce through the District Court is regulated under Government Regulation No. 9/1975 and the Civil Code (Burgerlijk Wetboek) for civil matters.

Both partners may use legal representation to ensure a fair outcome under Indonesian law.

3. Recognition of Foreign Divorce

If a divorce takes place abroad, it must be registered in Indonesia.

This ensures the separation is legally recognized and avoids future problems with documents, remarriage, or child-related matters.

Read more:

Understanding Inheritance Law in Indonesia for Expats

Child Custody and Support

Child custody decisions in Indonesia focus on the child’s wellbeing.

Rules on custody are found in Article 41 of Law No. 1/1974 and strengthened by the Child Protection Law (Law No. 23 of 2002, amended by Law No. 35 of 2014).

Children under 12 are usually placed with the mother unless the court sees special circumstances.

Older children may share their preferences with the judge.

For foreign parents, passport and travel permission issues may also arise when arranging custody or visitation.

Property and Financial Rights in Mixed Marriages

In mixed marriages, property acquired during the marriage is considered joint property unless a prenuptial or postnuptial agreement states otherwise.

Because foreigners cannot own land in Indonesia according to the Basic Agrarian Law (UUPA) 1960, many couples choose to arrange financial agreements early to avoid complications during divorce.

I hope this guide is helpful. If you are looking for property, visit Rumah123 today!

Cover image: Freepik/Close-up couple divorcing