Mirella Pandjaitan
Jul 01, 2025
Marriage is sacred. It’s also often envisioned as a lifelong partnership.
However, not all unions weather the test of time. Reality backfires once vibrant and full of promise, the roses slowly unravelled, their petals falling like forgotten vows whispered to the wind.
Divorce. Sometimes, parting ways becomes the only viable path forward. The French say, “C’est la vie”, or such is life. Mixed marriage couples in Indonesia—or both foreigners residing in Indonesia—are no exception. This transition can be particularly complex, especially across cultural and legal boundaries. Cultural nuances, legal jurisdictions, and administrative procedures add distinctive layers to the dissolution of a marriage within Indonesia’s legal system.
Knowing your rights and responsibilities is the first step toward a new beginning. So, what exactly do you need to prepare?
Which court handles your case?
In Indonesia, Muslim couples must go through the Religious Court (Pengadilan Agama), while non-Muslim couples file their case at the District Court (Pengadilan Negeri).
The court will always accept and process a divorce case, even if the legal reasons seem unclear. However, the process can get tricky, especially for mixed-nationality marriages. The key is being well-prepared.
Legal reasons for divorce
Indonesian law only allows divorce through the courts and only after the court has tried (and failed) to reconcile both parties. The law recognises divorce if:
- One spouse has committed adultery, is addicted to alcohol or drugs, or has other serious vices
- One spouse has left the other for two years without permission or a valid reason
- One spouse is sentenced to at least five years in prison
- There’s ongoing abuse or violence
- A physical or mental condition prevents one from fulfilling their role as a spouse
- There are constant, unresolved conflicts with no hope of improvement
If you're filing for divorce, be ready with proof—such as a marriage certificate, children’s birth certificates, and any evidence related to your reason for divorcing (for example, a medical report or court documents).
Property and assets
You’ll also need to list all assets. This includes:
- Joint property gained during the marriage (harta bersama)
- Personal property owned before the marriage (harta bawaan)
You may need to provide documents such as land titles, vehicle ownership papers, or prenuptial/postnuptial agreements.
Those married abroad but want to divorce in Indonesia must have the marriage registered at the Indonesian Embassy in the country where it took place, and reported to the civil registry in Indonesia.
The divorce process
Your case begins by submitting a divorce petition that typically covers:
- Marital status after the divorce
- Child custody and support
- Division of shared property
Once filed, the court sends the documents to the people involved and schedules a hearing. The court will usually try to mediate first. If that doesn’t work, the case proceeds with formal hearings, including evidence, witness statements, and final arguments. The court will then issue a ruling.
Do foreigners need to meet any special requirements?
Yes. As a foreigner, you’ll need to show proof that you live in Indonesia—usually through a residence permit (KITAS or KITAP). This gives the court authority to handle your case.
Indonesia follows the domicile principle, meaning that if you live in Indonesia, the courts here can rule on your case, even if you're a foreign citizen.
Child custody
Child custody is often the most emotional part of a divorce. In Indonesia, custody can be decided by:
- The child’s own choice (if old enough)
- A court ruling (if the child is too young to decide)
If the mother is Indonesian and the child is too young to choose, the government must help process the child’s Indonesian citizenship, especially if it's in the child’s best interest or if the mother requests it.
For Muslim families, the mother usually has custody of children under 12. After age 12, children can choose which parent to live with. The father is typically responsible for financial support, but if he can’t provide it, the court may ask the mother to help.
Meanwhile, the law states that both parents must continue to care for and educate their children after divorce for non-Muslim families. The court will decide what’s best for the child when any disagreements over custody occur.