An Affidavit for Divorce is a mandatory legal document required in Indonesian divorce proceedings, serving as a formal sworn statement that outlines the essential details and grounds for the dissolution of marriage. This document must be prepared in accordance with Indonesian Law No. 1 of 1974 on Marriage and its implementing regulations, with additional requirements for Muslim citizens under the Compilation of Islamic Law. The affidavit must include comprehensive information about both parties, marriage details, grounds for divorce, and supporting evidence. It forms a crucial part of the divorce petition package and must be sworn before an authorized official. The document's contents must be truthful and accurate, as false statements can result in legal consequences under Indonesian perjury laws.
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1. Statement of Truth: Opening declaration confirming that the contents of the affidavit are true and accurate to the best of the deponent's knowledge
2. Personal Details: Complete information about both parties including full names, ID numbers (NIK), ages, religions, occupations, and current addresses
3. Marriage Details: Information about the marriage including date, location, and registration number of the marriage certificate
4. Grounds for Divorce: Clear statement of the legal grounds for divorce under Indonesian law and detailed facts supporting these grounds
5. Marital History: Brief chronology of the marriage, including key events and when problems began
6. Attempts at Reconciliation: Description of efforts made to save the marriage, as required by Indonesian law
7. Current Living Situation: Details of current living arrangements and period of separation if applicable
8. Declaration of No Coercion: Statement that the divorce request is made voluntarily without any coercion
9. Verification: Formal closing statement with signature, date, and place of signing
1. Child Custody Arrangements: Required when there are minor children from the marriage, detailing proposed custody and access arrangements
2. Property Division: Required when there are joint assets to be divided, listing all marital assets and proposed division
3. Maintenance Claims: Required when seeking spousal or child maintenance, detailing financial needs and capabilities
4. Domestic Violence History: Include when domestic violence is a factor in the divorce grounds
5. Religious Requirements: Additional declarations required for Muslim citizens filing through Religious Courts
6. Business Interests: Required when either party has business interests that need to be addressed in the divorce
1. Marriage Certificate: Certified copy of the marriage certificate (Buku Nikah or Marriage Registration Certificate)
2. Identity Documents: Copies of KTP (ID cards) and Family Card (Kartu Keluarga) of both parties
3. Evidence Schedule: List and copies of all evidence supporting the grounds for divorce
4. Financial Schedule: Details of income, expenses, assets, and liabilities of both parties
5. Children's Documents: Birth certificates and other relevant documents for any children of the marriage
6. Property Documents: Certificates of ownership, registration documents for joint assets
7. Mediation Certificate: Proof of attempted mediation as required by Indonesian courts
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