In regards to the marital property divisions, The 1974 Indonesian Marriage law stipulates that: “if an Indonesian marriage is terminated by a divorce, the marital property shall be distributed in accordance with law” . Generally, the court would authorized both parties to distribute their own marital property and both parties would be required to create an additional settlement in regards to the distributions of the said marital property. On most cases, if both parties could not achieve an agreement in regards to the distributions of their marital property, The Judges of the court may provide a considerable considerations to distribute such marital property among the parties.
According to Article 35 of 1974 Marriage Law, any property acquired during the marriage becomes joint property of husband and wife. Property acquired prior to the marriage remains separately owned by the parties unless so otherwise specified.
If a divorce occurs, the joint property shall be split in half between the husband and wife. This is applied for non-Moslem couples and Moslem couples. Except if they have made a separation of marital assets agreement (Prenuptial Agreement / Postnuptial Agreement)
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