How to File for Divorce in Indonesia as a Foreigner or Mixed Couple

Getting a divorce in Indonesia can feel overwhelming, especially if you’re not familiar with the Indonesian legal system. Whether you’re an Indonesian citizen, a foreign national, or in a mixed marriage, this guide breaks down everything you need to know about the divorce process in plain English.

This guide is written for Indonesian citizens, expats living in Indonesia, and people in mixed-religion or mixed-nationality marriages. While we’ve made this as comprehensive as possible, remember that court practices can vary by location under applicable laws, so it’s always smart to consult with a qualified Indonesian lawyer for your specific divorce case.

The Basics: How Divorce Works in Indonesia

Here’s the most important thing to understand: you cannot get divorced in Indonesia without going through the Indonesian court system. Unlike some countries where you can file paperwork and be done, Indonesian marriage law requires that a judge try to help you and your spouse reconcile before granting a divorce.

The Indonesian law is clear on this point. Article 39 of Indonesia’s Marriage Law (Law No. 1 of 1974) states that divorce can only happen through a court, and only after the court has attempted reconciliation. This isn’t just a formality, the Indonesian court takes this seriously under the current legal system.

There are only three ways a marriage can end in Indonesia: death of a spouse, divorce through divorce proceedings, or a court decision declaring the marriage invalid. That’s it. No quickie divorces, no mutual agreements filed at the civil registry office.

Which Court Should You Use?

The court you’ll use depends entirely on your religion, not your nationality or where you live under Indonesian family law.

Muslim couples must file for divorce at the Religious Court (Pengadilan Agama). This applies even if you’re a foreign national living in Indonesia. The Religious Court follows Islamic Religious Procedure Regulations and handles all matters related to Muslim marriages under Islamic law.

Non-Muslim couples (Christians, Buddhists, Hindus, and people of other faiths) file at the District Court (Pengadilan Negeri), which is also called the general court. These courts follow civil law procedures under General Court Procedure Regulations.

Mixed-religion couples should file where their marriage was originally registered. If that’s not clear, you’ll likely need to file where the non-Muslim spouse’s marriage can be legally recognized.

As for which specific court location to use, you’ll typically file where the other spouse lives. However, local court rules can vary under government regulation, so check with the court or a lawyer about the exact venue requirements.

Grounds for Divorce: What Legal Grounds Are Accepted?

Indonesian law doesn’t allow “irreconcilable differences” divorces where you simply say you’ve grown apart. You need to prove specific legal grounds for divorce. Here are the legitimate reasons courts accept:

Adultery is the most straightforward ground. If one party committed adultery, you’ll need evidence like photos, witness testimony, or communications that prove the affair.

Abandonment means the other spouse left you without permission and has been gone for at least two years. You’ll need to show they left voluntarily and haven’t provided financial support to the family.

Imprisonment for five years or more can be grounds for divorce, especially if the sentence is for a serious crime.

Drug addiction or other vices that affect family life. You’ll need witnesses or medical evidence to prove this pattern of harmful behavior.

Continuous quarrels that make it impossible to maintain the marriage. This requires showing a pattern of conflict, not just occasional arguments.

Domestic violence with evidence like medical records, police reports, or testimony from two witnesses.

For Muslim couples, there are additional Islamic law pathways under the Islamic Law Compilation. A Muslim husband can initiate “thalak divorce” by declaring his intention to divorce before the Religious Court. A wife can file for divorce, which is essentially a lawsuit for divorce under Islamic religious procedure regulations.

Step-by-Step Divorce Process: What to Expect

Before You Start: Required Documents You’ll Need

• Your identity cards (KTP) and family card
• Marriage certificate or marriage book
• Child’s birth certificate (if you have children)
• Evidence supporting your divorce grounds
• Two witnesses contact information
• Any relevant financial documents showing marital assets

Step 1: Filing Your Divorce Petition

You’ll start by filing a divorce petition with the appropriate court. For Muslim marriages, this goes to dedicated religious courts. For non-Muslim marriages, it’s the district court. You’ll pay filing fees at this stage, these are usually modest official fees, but you might also have costs for serving papers to the other party.

Step 2: Mandatory Mediation

This is where Indonesia’s divorce procedure differs from many other countries. Before any divorce hearing, you and the other spouse must attempt mediation. This isn’t optional, it’s required by law under Perma 1/2016.

The mediation can happen in person or through e-mediation (introduced in 2022 under Perma 3/2022). A court-appointed mediator will try to help the married couple work things out. If you reconcile during mediation, you can withdraw your divorce petition. If mediation fails, the divorce case moves forward to trial.

Step 3: Court Session Hearings

If mediation doesn’t work, you’ll have court session hearings where you present your evidence. This might include:

• Testimony from two witnesses like family, friends, or neighbors
• Documentary evidence like photos, messages, or financial records
• Expert testimony if needed (like from doctors in domestic violence cases)

The Indonesian court may also handle interim matters during this phase, like temporary child support or living arrangements.

Step 4: The Court Decision

If the judge grants your divorce, they’ll issue a court decision. But here’s where it gets different for Muslim couples versus non-Muslim couples:

For Muslim marriages: The Religious Court issues an “Akta Cerai” (divorce certificate). This is your official divorce document under religious court law.

For non-Muslim marriages: You get a court decision that must then be registered with the civil registry to take full legal effect under civil law.

Step 5: Post-Divorce Administration

Once you have your divorce decree, you’ll need to update several official records:

• Civil registry (marital status)
• Identity card (KTP) and family card (KK)
• Tax records
• Bank accounts and insurance beneficiaries
• If you’re a foreign national, your immigration status

This administrative work is crucial, skipping it can cause problems later when you need to prove your divorce status in Indonesia legally.

Children: Child Custody and Child Support

Indonesian courts follow the “best interest of the child” principle when making child custody decisions. This means they consider what’s best for your children, not necessarily what you or the other spouse wants.

For young children (especially those still nursing), courts often award primary custody to both the mother, but this isn’t automatic. The court will consider factors like:

• Each parent’s ability to provide care
• The child’s emotional bonds
• Financial stability
• The child’s education needs
• The child’s own preferences (for older children)

Child Support: Both parents have an obligation to support their children financially, regardless of who has child custody. Article 41 of the Marriage Law makes this clear. The court will typically set child support amounts based on the paying parent’s income and the child’s needs.

Courts have various enforcement tools if a parent doesn’t pay child support, including wage garnishment and asset seizure.

For Muslim families, religious considerations around waiting periods don’t override the best-interest principle in child custody arrangements. The court’s primary concern is always what’s best for the children.

Joint Property and Marital Assets After Divorce

Understanding how joint assets get divided is crucial, especially if you have significant property or complex finances.

Joint Property vs. Separate Property

Indonesian family law distinguishes between joint property (marital assets) and separate property. Generally:

Joint property includes assets acquired during the marriage, regardless of whose name is on the title. This typically gets divided equally between spouses.

Property acquired before marriage or received as gifts/inheritance during marriage usually stays with the original owner and isn’t considered joint assets.

Prenups and Postnups

If you have a prenuptial or postnuptial agreement, Indonesian courts will generally respect it, provided it was properly executed under applicable laws and doesn’t violate public policy. These agreements can significantly affect how your marital assets are divided.

For mixed marriages involving foreign nationals, prenups can be especially important since they can help clarify which country’s laws apply to different joint assets.

Ex-Wife Alimony and Spousal Support

Unlike some Western countries, Indonesia doesn’t have a strong tradition of long-term ex-wife alimony or spousal support. Courts may order temporary financial support during divorce proceedings, but permanent alimony is rare under the current legal process.

The focus is usually on child support rather than spousal maintenance. However, if the ex-wife or ex-husband is in serious financial distress and the other spouse has significant means, courts have some discretion to order support.

Special Situations: Foreign Nationals and Mixed Marriages

If you’re a foreign national living in Indonesia or in a mixed marriage, you’ll face some additional considerations under Indonesian law.

When At Least One Spouse is Foreign

Jurisdiction: Indonesian courts can handle your divorce if you’re domiciled in Indonesia legally, even if you married in a foreign country.

Language barriers: Divorce proceedings are conducted in Indonesian. You’ll need certified translations of any foreign documents, and you might need an interpreter for court sessions.

Document authentication: Foreign documents often need to be authenticated through Indonesian consular offices or apostilled if from a Convention country.

Using Your Indonesia Divorce Abroad

Indonesia joined the Apostille Convention on June 4, 2022. This makes it much easier to use Indonesian divorce documents in other Convention countries, you can get an apostille instead of going through lengthy consular authentication processes.

For your Indonesia divorce to be recognized in your home country, you’ll typically need:

• A certified copy of the court decision or Akta Cerai
• An apostille from the Indonesian authorities
• Certified translations into the destination country’s language

Foreign Divorces in Indonesia

If you got divorced in a foreign country and want it recognized in Indonesia, you’ll need to register the foreign divorce with Indonesian authorities. The requirements vary depending on where the divorce was granted and your specific circumstances under applicable laws.

Costs and Timeline for Divorce in Indonesia

Understanding the financial and time commitments helps you plan better for your divorce case.

Costs to Expect

Official court fees are relatively modest, usually equivalent to a few hundred dollars at most. However, your total costs for the divorce process might include:

• Filing fees for the divorce petition
• Service of process costs
• Translation fees for foreign documents
• Lawyer fees (if you hire one)
• Apostille or authentication costs
• Travel expenses for court sessions

Timeline for the Legal Process

Divorce cases in Indonesia typically take several months to over a year, depending on various factors:

What speeds the divorce procedure up:

• Uncontested legal grounds
• Good evidence
• Both parties attend court sessions
• Successful early mediation
• Efficient court scheduling

What slows the legal process down:

• Contested facts or grounds
• Difficulty serving papers to the other party
• Failed mediation requiring full trial
• Court backlogs
• Appeals

Some legal firms estimate around six months for straightforward divorce cases in places like Bali, but this can vary significantly based on your specific situation and court workload.

Building Your Evidence for Divorce Proceedings

Strong evidence makes the difference between a smooth divorce and a prolonged battle in the Indonesian legal system.

What Indonesian Courts Find Persuasive

Witness testimony: Friends, family, neighbors, or coworkers who can testify about the legal grounds for your divorce. Make sure they have firsthand knowledge, not just hearsay. You’ll typically need at least two witnesses.

Documentary evidence: Photos, text messages, emails, financial records, medical reports, or police reports that support your divorce case.

Expert testimony: In cases involving domestic violence, drug addiction, or mental health issues, testimony from doctors, therapists, or other professionals can be crucial.

Important Evidence Rules Under Indonesian Law

Collect evidence legally: Don’t hack into accounts, steal documents, or violate privacy laws. Illegally obtained evidence can backfire in Indonesian courts.

Organize everything: Courts appreciate well-organized evidence with clear explanations of what each document proves about your legal grounds.

Prepare witness statements: Help your two witnesses understand what they’ll be asked about and what details are most important for your divorce case.

Avoid defamation: Be careful about how you describe the other spouse’s behavior. Stick to facts you can prove rather than inflammatory language.

Your Post-Divorce Checklist

Once your divorce is final, you have important administrative tasks under Indonesian law:

Update civil registry records: Change your marital status in official records.

Replace identity documents: Get new KTP and family card reflecting your divorced status.

Financial accounts: Update banks, insurance policies, retirement accounts, and investment accounts. Remove or change beneficiaries as appropriate for your joint assets.

Tax status: Notify tax authorities of your status change.

Immigration status (for foreign nationals): Your visa or residence permit might be affected by divorce, especially if it was based on marriage to an Indonesian citizen.

School records: If you have children, make sure schools have updated emergency contacts and child custody information.

Certified copies: Get several certified copies of your court decision for future use. If you might need them abroad, get apostilles while you’re at it.

Frequently Asked Questions About Divorce in Indonesia

Can we file for divorce if we married overseas but live in Indonesia? Yes, Indonesian courts can handle your divorce if you’re domiciled in Indonesia legally, regardless of where you married.

Do we need to be separated first under Indonesian marriage law? No, Indonesian law doesn’t require a separation or waiting period before filing for divorce.

What if the other spouse refuses to attend court sessions? The Indonesian court can proceed without them in some circumstances, but proper service of papers is crucial. This might delay your divorce case.

Can I keep the house I bought before marriage? Generally yes, if you can prove it was purchased with separate property (money you had before marriage or inherited). Mixed situations involving joint property can be more complex.

Do Indonesian courts grant ex-wife alimony? Rarely for long-term financial support. Courts focus more on child support than spousal maintenance under family law.

How do we split joint assets if we have a prenup? Indonesian courts usually honor properly executed prenuptial agreements under applicable laws, but they’ll review them to make sure they’re fair and don’t violate public policy.

What if we reconcile during mediation? You can withdraw your divorce petition at any time if you reconcile. The court will note this and close the divorce case.

How does thalak divorce work for Muslim couples? Under Islamic law and the Islamic Law Compilation, a Muslim husband can declare thalak divorce before the Religious Court, which then issues the divorce certificate.