How to get a marriage annulment?

Posted On

What is a marriage annulment?

An annulment is a marriage declared null and void by the religious court for Muslims or by the district court for non-Muslims. A marriage will be annulled if it does not meet the marriage criteria required in Indonesia. An annulment voids the marriage contract, which is practically as if you were never married. A family law lawyer can navigate you through this process.

Who is eligible for district court annulment?

In Indonesia annulment is not restricted to the wedded partners. In fact, eligible for annulment are:

  • Husband
  • Wife
  • Family members in upward and downward descent line
  • Authorized/appointed official
  • Third party directly possessing legal interest in the marriage

Valid reasons for district court annulment

You may be eligible for an annulment if your marriage is deemed void or illegal for unfulfilled requirements, such as:

  • Your marriage failed to have the attendance of two witnesses.
  • Your marriage guardian (wali nikah) was illegal.
  • Your marriage was performed in front of an unauthorized marriage registrar.
  • A spouse in the married couple was still bound in a marriage with another person.
  • A blood relationship turns out to exist within in the married couple.
  • Your marriage lacked the consent of a valid guardian.
  • Your  marriage was forced.
marriage annulment Indonesia
Source: pexels.com

Valid reasons for religious court annulment

Compilation of Islamic Law
  • Husband conducted polygamy without Religious Court permission.
  • Bride was still bound in a marriage with another man.
  • Bride in the period of ‘iddah’ of her previous husband, which refers to a waiting period during which the woman is not allowed to marry another man. The period may vary according to the reason of her previous marriage dissolution, such as 130 days due to the husband passing away, and 90 days due to divorce.
  • Minimum age requirement as governed by the 1974 Marriage Law wasn’t met.
  • Your marriage guardian (wali nikah) was illegal.
  • Your marriage was performed in front of an unauthorized marriage registrar.
  • Your marriage was forced or performed under threat.
Fasakh

Fasakh annuls the marriage agreement (akad) due to damage taking place in the akad or for reasons that may hamper its continuation, such as relationship problems within the family.

Who is eligible for religious court annulment?

Eligible for annulment are:

  • Husband
  • Wife
  • Family members in upward and downward descent line
  • Siblings
  • Authorized/appointed official
  • Third party with awareness of any marriage defect in terms of lawful marriage requirements

Annulment procedure

Your annulment petition must be submitted to the local court there where you hold residence or the local court where you registered the marriage. The court applies the same procedures as in divorce proceedings. In district court, a cross examination to examine evidence will take place and witnesses will take the stand.

 

To find out if you are eligible for annulment or to get help in the procedure, consider hiring a family law expert.

Can’t find what you’re looking for?