Divorce in Indonesia requires court litigation. You just can't fill a form, signed, sealed and delivered. No. You need to provide reasoning to dissolve your marriage. This is because Indonesia is a country that expects you to work hard to make your marriage work.
Our legal system does not expect you to just give-up when you have a little fight with your spouse, and say: That's it! I am done with it. We want you to have a little effort before finally saying goodbye and burning the bridge behind you.
If you tried everything and you don't see any way out of the situation, divorce may be the ultimate solution. Your one and only solution. But you want to do it quickly and as painlessly as possible. Well, that can be done. It depends on your choices of the items in your case.
So, let me walk you through!
The Choice of Legal Ground
We have many legal grounds that you can use to dissolve your marriage. Irreconcilable differences is one of the reasons that you should use in the event you want to do it quickly. This is quite straightforward. You don't have to prove the cause of the irreconcilable differences. This can be a long and winding road. You just have to prove that there is one in your marriage.
You need to be very careful, using this legal ground may be common and straightforward, but it's quite tricky! I have a guy who came to me. His divorce was overruled by the Higher Court in Jakarta after a landslide win in the district court. What happened? This is why your lawyer needs to review the case before you lodge it to the court. Last thing you want is that the judges may think you are joking around with your divorce.
Your lawyer needs to pay attention to every single detail. Not all lawyers are born the same. Just because you know a guy who knows laws, it doesn’t mean he can deliver a divorce to you. Indonesia has a very conservative legal system that values humans in flesh and blood more than evidence. You need two witnesses. They need to support your divorce application. Strong enough to dissolve a marriage.
The Choice of Court Jurisdiction
You will be surprised to know if one of the courts in Indonesia may have jurisdiction over your divorce case. There are several considerations such as your nationality, your registration of marriage, and your residency. Those three things may be involved in your case, and therefore one of the courts in Indonesia may have a jurisdiction.
Here’s how to find out:
- If both you and your spouse registered your marriage in Indonesia, regardless of your nationality.
- If either of you is an Indonesian, regardless where your marriage was registered.
- If both you and your spouse are foreigners, and you live long enough in Indonesia and you still live here until you decide to get divorce.
If you belong to one of the above checklists, you should contact your Indonesian lawyer to dissolve your marriage here. Contact Us here and we will review the case and advise you how to move forward.
If You Could Settle, Do It!
I didn’t mean to settle not to get divorce. You can potentially settle on the legal consequences of the divorce such as child custody, spousal support, and property division. These things can be a pain if you fail to organize them earlier. It is better for you if you identify everything from the beginning. Work with your Indonesian lawyer to guide you through the legal system in Indonesia.
We have a woman with a PhD degree from South America, and she wants us to represent her in her divorce case. She does everything we told her. She is very cooperative. She just wants to do it as painlessly as possible. Great lady she is! Smart and well educated.
All the legal consequences were settled before the case hit the court. I drafted the settlement and they gave me the pointers. This is what we called out of court settlement. Judges love this, and so will you. This gives you less headache!
Another great guy, a Dutchman. He took my advice to settle before the case hits the courtroom. It’s over before you know it. Now, he is moving on with his life and his new partner. His ex-wife is also busy with her work too. She spends time diving and snorkeling in Bali. They still talk to each other and make friends after the divorce.
It Takes Two to Tango
This is the best part with the laws and regulations pertaining a divorce in Indonesia. You have to be in love to stay in a healthy marriage. If you think the flame is gone, and nowhere to be found, you can file a divorce at the court to dissolve your legally wedded spouse. Please take a note that this must always stay in line with the irreconcilable differences legal ground.
Your lawyer must know this and can use this to work with your case with a favorable outcome. He needs to present the case in a way to get the judges on the same page with you. He needs to use this: “it takes two to tango” thing, to deliver the divorce to you.
I’ve presented this thing before in front of a mediator in South Jakarta court. Our client was a great man, a Dutch man who lives in South Jakarta. Smart and handsome man. He was Ok to come to the court for mediation. I was there with him. His beautiful and respectable wife was also there with him. They still talked politely to each other.
I told him what would happen inside. So, I wanted him to be very careful with the words he would say to the mediator. He picked them himself. The mediator dismissed the case, and he sent the case to court litigation. Lesson learned, your own words can set you free.
Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us!