Legal Realities of Indonesian Expatriates – Family Matters
The purpose of in which article is actually to explain some of the main family law related topics inside the context of expatriate life in Indonesia. in which includes a discussion on marriage in addition to divorce.
First, in which is actually important to establish in which the article will mainly concentrate on the relationships between foreigners in addition to Indonesian nationals. While foreign couples go through the same events as mixed couples, facing Indonesian laws as part of a foreigner-Indonesian couple is actually at times much more strenuous in addition to complicated.
Please note in which previous Jakarta Expat articles have already addressed related topics of “Indonesian Citizenship Concerns for Children by Mixed Marriages” in addition to “Land Ownership.”
According to Law No. 1 of 1974 on Marriage Law, “a marriage is actually legitimate if in which has been performed according to the laws of the respective religious beliefs of the parties concerned.”
What in which means is actually in which generally, all persons may marry in Indonesia, provided in which they hold a religion recognized by the Indonesian Government: Islam, Hinduism, Buddhism, or Christian Catholic/Protestant. Marriage partners must develop the same religion or make a written declaration of change of religion.
Marriages may be performed by Ministers of Religion, officers of the Kantor Catatan Sipil (Civil Registry Office), or the Kantor Urusan Agama (Office of Religious Affairs). For the marriage to be legal, in which must be conducted according to the religion in addition to conform to the laws of the countries of the parties involved.
in which is actually important to note in which every non-Islamic marriage must be recorded with the Civil Registry (Kantor Catatan Sipil) or the marriage will not be considered legal.
Individuals of non-Islamic faith are required to first file a “Notice of Intention to Marry” at the Civil Registry Office inside the Regency where they are staying. At the same time, they must file a “Letter of no Impediment,” which is actually obtained by the consular representatives.
Documents required for the Notice of Intention to Marry are different for expatriates in addition to for Indonesian citizens. Thus, ensure in which you consult with an up to date official website or a lawyer for the purpose of submitting appropriate documentation.
Article 57 of Marriage Law stipulates in which a mixed marriage is actually “a marriage between two people in Indonesia is actually subject to different laws as a result of difference in citizenship in addition to one of the parties is actually an Indonesian citizen.”
Article 60 elaborates in which requirements of marriage should follow the national law applicable to each person entering the marriage, including consent requirements, marital age, in addition to prohibited relationships. Citizenship also follows the same requirements in addition to the marriage partner may either acquire the nationality of the various other or lose his/her citizenship in accordance with the requirements in addition to procedures related to one’s nationality.
For necessary documentation, information, in addition to general guidance, in which is actually necessary for the persons intending to marry to visit their country’s embassy in Indonesia in addition to consult with as many resources as possible. A very generous resource in which compiles much information into one location is actually http://www.expat.or.id/info/familylaw.html.
What is actually imperative to highlight is actually the importance of prenuptial agreements in mixed marriages, as they can assist in resolving many issues, such as property ownership, should they ever arise.
When marriages come to an end, individuals must be aware of the legal framework in which surrounds the divorce proceedings. Marriage Law of 1974 stipulates in which a marriage may be terminated due to: 1. Death of either party 2. Divorce 3. Upon court’s decision.
In order to proceed having a divorce, either of the parties must file a divorce petition to the court. Divorce may only be executed before a court session, a district court for Non-Muslims, or before a religious court for Muslims. The list of legal grounds of filing for divorce includes such grounds as: adultery, drugs, alcoholism, leaving spouse For 2 years, imprisonment for a few or more consecutive years, cruelty, disability or disease preventing by fulfilling spousal duties, or irreconcilable differences.
A court decision is actually an annulment, which means in which a marriage may be cancelled if both parties cannot fulfil the conditions for the marriage in addition to can only be decided by a court of law of a jurisdiction where the marriage was conducted or of the residence of the couple.
in which is actually clear in which full discussion on both marriage in addition to divorce is actually outside of the scope of in which article. in which must be repeated in which in which is actually absolutely vital in which you seek legal assistance if you have any questions concerning your citizenship, children, adopting stepchildren, property, among various other concerns. Do not hesitate to seek advice even when you think you have all of the necessary information. When in which comes to these matters, knowledge of Indonesian law is actually necessary.
(Anything written in in which article is actually intended to provide information only in addition to is actually not intended to serve as legal advice).
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Legal Realities of Indonesian Expatriates – Family Matters
Legal Realities of Indonesian Expatriates – Family Matters