Affidavit For Divorce Template for Indonesia

When filing for divorce in Indonesia, you are required to submit an Affidavit For Divorce as part of your legal documentation. This sworn statement serves as your formal declaration of the facts and circumstances surrounding your marriage dissolution request. Under Indonesian law, this document must contain truthful and complete information about both parties, the marriage details, and the specific grounds for seeking divorce.

When do you need this document?

You need an Affidavit For Divorce whenever you initiate divorce proceedings in Indonesia, whether through Religious Courts (for Muslim citizens) or District Courts (for non-Muslim citizens). This document is mandatory regardless of whether your divorce is contested or uncontested. You must prepare this affidavit before filing your divorce petition, as courts will not accept incomplete documentation. The affidavit is also required if you are responding to a divorce petition filed by your spouse, as you may need to provide your own sworn statement regarding the facts of the case.

Key legal considerations

Your Affidavit For Divorce must include several critical elements to meet Indonesian legal standards. You must provide complete personal details for both parties, including full names as they appear on identity cards, NIK numbers, ages, religions, occupations, and current addresses. The document must contain accurate marriage information including the date, location, and registration number of your marriage certificate. Most importantly, you must clearly state the legal grounds for divorce as recognized under Indonesian law, such as adultery, desertion, cruelty, or irreconcilable differences. You should attach supporting evidence and ensure all information is verifiable, as false statements can result in perjury charges. The affidavit must be written in Indonesian language and follow proper legal formatting requirements.

Legal requirements in Indonesia

Indonesian divorce proceedings are governed by Law No. 1 of 1974 on Marriage and Government Regulation No. 9 of 1975, with additional provisions under Presidential Instruction No. 1 of 1991 (Compilation of Islamic Law) for Muslim citizens. Your affidavit must comply with Indonesian Civil Procedure Law regarding formal document requirements and must be sworn before an authorized Commissioner for Oaths or Notary Public. For Muslim citizens, the affidavit may need to include specific Islamic law considerations and must be filed with Religious Courts under Law No. 7 of 1989. Non-Muslim citizens file their affidavits with District Courts. The document must be accompanied by supporting evidence such as marriage certificates, identity cards, and any relevant proof of the stated grounds for divorce. All parties involved must be properly identified and their relationships to the case clearly established.