DIVORCE; Child Custody & Marital Property Distributions


divorce, child custody, marital property distributions

One of the essential effects of marriage termination or divorce in Indonesia is the distribution of marital property & the child custody issues, especially for an Indonesian divorce which caused by a court order. This simply means that either party has filed a divorce petition to The Indonesian District court for terminating a marriage previously on Non-Moslem, or to The Indonesian Religious Court for Marriage that previously held on Moslem ceremony.



A marital property is a wealth or tenure obtained during the marriage and in the event of divorce, each party would have an equal amount of the said marital property, unless otherwise specified (By an additional or particular agreement made prior the marriage or prior filing for the divorce petition, i.e. a prenuptial agreement or a divorce settlement)


In the matter of the distribution of the marital property during a divorce proceeding, the party may need to observe further for the existence of the prenuptial agreement drawn prior the marriage. If such an agreement exists, the marital property will be distributed in accordance with the chapters or provisions contained on the agreement, and when no prenuptial agreement was made, the marital property distributions will be equally divided among the parties.


The Indonesian marriage law stipulates that any property is considered as a marital or joint property whatsoever, if it was acquired during the marriage between the parties, while the terms separate property is referring to any wealth or tenure obtained or possessed prior the marriage took place, such as a gifts, a bequest, an inheritance or otherwise. This is why, the process of verifying the exact date of when a property is obtained or acquired can be considered as the most essential proceeding within the stage of the marital property distributions.



Child custody would refer to the rights to child care within the divorce proceeding. The children to be contested can be a biological child, a foster child, an acknowledged or an unacknowledged wedlock child. On most cases, the legal petition for child custody, the divorce petition and the legal petition for the distributions of marital property can be mixed or can be submitted together within a single legal petition. Depending on how delicate the case may seemed, the legal petition for child custody rights, the divorce petition & the marital property distributions can also be separated from one and another or submitted within a different period. 




Depending on what is the main purpose or the main goal that the applicant may have, gathering the divorce petition, the marital property distributions and the child custody within a single lawsuit may not be suitable enough for everyone.  When the court is refusing the gathered divorce petition which may caused by various legal standing, the rest of the legal petition (The child custody & the marital property divisions) would also automatically gets refused.


On the other hand, a divorce decree made by the court is probably accepted by either party involved within the divorce proceedings, but when one party is disagreeing regarding the marital property distributions or the child custody rights, the disagreeing party may apply for an appeal to The Indonesian high court prior the divorce decree is legally binding, which in turn will make the entire divorce proceedings is obstructed. That is why, it is wise to make further considerations regarding the effectiveness and the urgencies involved within the case, furthermore the applicant may need to make his or her own priority list of which issues needs to be accomplished first.



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