Divorce Scenarios and Procedures for Mixed Marriages in Indonesian

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Everybody wants the happy ending love story, peaceful life with beloved one and getting old together. But sometimes, life is not beautiful as fairy tale. There are up and down situation may happen when you marrying foreign people or call it mixed marriages.

If in the edge of your marriage you decide to separate with your foreign couple, it is better for you to propose divorce over the marriage in Indonesia. But before you propose it you should know the procedure of divorcement for mixed marriages.

Divorce Scenarios and Procedures

The exact place to propose it is in the District Court, the area of your residence as the plaintiff. In the other way you also should submit a request to cancel the marriage which took place in your couple country. This is so, that the divorce becomes lawful in terms of the two marriages.

In the Mixed Marriage or International Marriage Divorce Process, complainant or family may use an intermediary trial if the two of the couple do not agree. The Divorce Documents need some requirements below:

  1. Divorce filing form (at the local village office), don’t forget to write down name and signature, then stamp of 2 witnesses (adults)
  2. 1 sheet of Family Card / family register (for foreign people)
  3. Passport (documents explaining citizenship)
  4. Resident Card (KTP), Special Permanent Resident Certificate, etc.
  5. For mediation of divorce or to strengthen divorce documents from divorce court are needed as evidence.

Basically, in the divorce proceedings in Indonesia both the wife and husband must be present at the hearing, especially in the first trial where the Judge will try to reconcile the two parties.

However, based on clause 30 PP No. 9 of 1975 with reference to the Implementation of Law No. 1 of 1974 concerning Marriage (PP Perkawinan), your couple may not be present at the divorce hearing by granting power of attorney to represent him/herself in the divorce trial.

Divorce Scenarios for Foreign Nationals

For foreigners, they also should conduct divorce proceedings in their own country. After that they must report their divorce at the embassy of their country. Each country conducts divorce proceedings differently, so contact your country’s Embassy first to prepare the necessary documents. When the divorce was approved in your country, it was declared divorced.

The reason of proposing divorce must be sufficient reasons that stated husband and wife will not be able to live in harmony as husband and wife again (clause 39 paragraph (2) of Law No. 1 of 1974 concerning Marriage (UU Perkawinan).

That divorce is only possible based on one of the reasons as stated in clause 19 of the Marriage Regulation, such as living with drunkard, compactor, gambler couple or between husband and wife there are continual disputes or quarrels so that there is no hope of living in harmony again in the household.

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