Divorce in Indonesia is a court-led legal process. For foreigners and mixed-nationality couples, the outcome can affect property ownership, child custody, and your ability to remarry. Our law firm in Bali helps you understand the process, reduce risk, and move forward with clear legal steps under Indonesian law.
In Indonesia, divorce can only be finalized by a court decision. A divorce petition must be filed, reviewed by a judge, and handled through formal hearings. The court will examine the grounds for divorce, consider evidence and statements, and issue a final decision.
Filing the divorce petition with the competent court
Court review and scheduled hearings
Mediation requirement where applicable
Court decision on divorce, property, and child-related issues
Final judgment issued, after which the marriage is legally dissolved
Foreigners and mixed couples often need added clarity on document requirements, jurisdiction, and how the court process applies to their situation.
Marriage in Indonesia can create legal consequences for property and assets. Under the 1974 Marriage Law, assets acquired during the marriage are generally treated as joint marital property.
This can include:
Assets purchased during the marriage
Income earned during the marriage
Certain jointly managed property and investments
As a general principle, disposing of joint marital property often requires approval of both spouses. If the marriage is dissolved by divorce, property division is governed by the relevant legal framework, which may involve religious law, customary (adat) law, and other applicable regulations depending on the couple’s circumstances.
Separate property may include:
Assets owned before marriage
Gifts and inheritance received individually
Assets that remain separate under a valid agreement
If you have significant assets, business interests, or real property considerations, property classification becomes a core issue to address early in your strategy.
Divorce ends a marriage, but it does not end the responsibility toward children. If you have children, custody and child support arrangements must be resolved during or after the divorce process.
In Indonesia, custody and maintenance decisions may be influenced by the religious affiliation of the parents, and the court will consider what it sees as the best interests of the child.
General principles often include:
Ongoing obligation to support and educate the child
Custody arrangements may depend on the child’s age and circumstances
Shared parenting agreements are possible when both parties can cooperate
Where custody is disputed, the court may issue a custody decision and determine responsibilities for child support and care.
A prenuptial agreement is an agreement made before marriage to regulate ownership of assets and financial arrangements. While it can be a sensitive topic, it often becomes essential for mixed-nationality couples or couples with significant assets.
A prenup is strongly recommended if:
You are entering a mixed-nationality marriage
You plan to buy property in Indonesia during the marriage
One or both spouses own a business or shares in a company
Either spouse has children from a previous marriage
You want clearer separation of personal assets and liabilities
For mixed marriages, the existence of a valid prenup can affect how property ownership and asset separation are treated, especially where Indonesian property rules apply.
H2: Postnuptial Agreement
If a prenuptial agreement was not created before marriage, a postnuptial agreement may still be an option. A postnup is an agreement made after marriage that can regulate separation of assets going forward, subject to legal requirements and proper execution.
A postnup may be relevant when:
A couple did not create a prenup but needs asset separation now
There is concern about future property ownership or asset protection
The couple wants clearer financial boundaries within the marriage
Because a postnup affects ongoing legal rights and obligations, it must be prepared carefully. Existing assets often need to be identified and structured properly to support legal clarity.
If you are considering divorce in Indonesia, or you need clarity on property division, custody, or marriage agreements, we can help you understand your options and next steps.
What you can expect in a consultation:
Clear explanation of how Indonesian divorce procedures apply to your situation
Guidance on documents, timelines, and court process
Practical strategy for property, custody, and agreement-related issues
Confidential handling and clear communication in English