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Medan Expatriate Divorce Lawyers

medan expatriate divorce lawyers

Neither married couple planned a divorce. However, if every effort has been made but does not work, you may say divorce is the last resort even thought it is very difficult situation.

Divorce is regulated under Marriage Law No. 1 of 1974.  Based on Marriage Law it is stated that divorce is only valid if it is carried out before a court session.

Marriage Registration
Be noted that base on Government Regulation No. 9 of 1975 only registered marriages are entitled to file a divorce suit in court. Below are the rules:
  • For Moslem marriages, the registration shall be done at Religion Affairs Office (Kantor Urusan Agama/KUA) in the sub-district (Kecamatan) where the marriage was held;
  • For Non Moslem marriages, the registration shall be done at Civil Registration Office (Kantor Catatan Sipil) in the district where marriage was held;
To all unregistered marriage, no Indonesia state institution has the authority to examine and adjudicate the divorce case.

Divorce Conditions
In order your divorce suit granted by the court, it must fulfill one of these conditions:
  • a.  One of the spouse has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or other vices which are difficult to cure;
  • b. One of the spouse has deserted the other spouse for two consecutive years – without consent and without legitimate reasons;
  • c. One of the spouse has been sentenced to imprisonment for five years or more;
  • d. One of the spouses has resorted to cruelty or severe ill-treatment, endangering the life of the other spouse;
  • e. One of the spouse has developed a disability or disease, preventing from him or her from fulfilling the duties of husband or wife;
  • f.  The spouses has irreconcilable differences as evidenced by frequent disagreements;
For Moslem, there are two additional conditions:
  • g. The husband has violated taklik talak (a promise that the husband expressly made and written onto the marriage certificate);
  • h. One party convert from Islam into another faith;
Divorce Proceeding in Indonesia

For Moslem marriages, divorce only be done before the religious court. For Non Moslem divorce proceeding must be done through divorce lawsuit submitted either by husband or wife or his/her representative to district court (Pengadilan Negeri).

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