Have read all posts and differing answers

[PaulDG888]

Hi All,
As the title says a little confusing.

I am intending on coming to Indonesia (Sumatra) and marrying my fiancee, i have sorted through all the posts and think i have got the steps right, i am aware of the documents i need. Here goes:

Steps and Process
1. I apply for social cultural visa here which can be extended there 4 times for 60 days.
2. When we married I can apply for a Spousal KITAS, that lasts for 1 year and can be renewed for another year.
3. After 2 years of marriage can convert KITAS to KITAP for 5 years.
4 After 5 years on KITAP can extend KITAP for indefinite and not have to pay every 5 years again but still have to report to immigrassi every 5 years

In-between doing number 1 & 2 have to become muslim and get married and complete all the other requirements

Thanks in advance
Paul

 

[snpark]

You forgot the divorce after year 4 lol just joking, yeh that seems about right, but one step at a time. It might all change again next year, you never know with the law here

First things first get married, that is enough of a stress and headache and bank drain before you worry about visa situation in year 5 KITAP etc
Good luck
Don't forget the prenup and all the other paperwork you need from home country, birth cert etc and to become a Muslim also

 

[Jaime C]

You don’t have to convert to another religion. You can always marry outside Indonesia.

 

[PaulDG888]

You forgot the divorce after year 4 lol just joking, yeh that seems about right, but one step at a time. It might all change again next year, you never know with the law here

First things first get married, that is enough of a stress and headache and bank drain before you worry about visa situation in year 5 KITAP etc
Good luck
Don't forget the prenup and all the other paperwork you need from home country, birth cert etc and to become a Muslim also

Thanks snpark
Besides the obvious are the prenups necessary ?

 

[PaulDG888]

You don’t have to convert to another religion. You can always marry outside Indonesia.

Thanks Jamie,
marrying outside of indonesia is not really an option in our situation.

 

[jstar]

Steps and process both look okay.

In step 2: You could choose to extend your KITAS multiple times.

 

[snpark]

I think prenup necessary if only to safeguard for the future, not in case she scams you, but something to do with you can't legally own property here, or she can't, or something. Someone else will chip in on that but yet you supposed to do that before, but for different reasons. It's to help, not hinder

 

[Helpful Herbert]

Thanks Jamie,
marrying outside of indonesia is not really an option in our situation.

You can have a ceremony within Indonesia to satisfy any local family etc., but do the actual marriage documents outside the country. At least that would save you from having to compromise on the religion issue, get your thingy cut to pieces etc.

 

[scouser59]

You can have a ceremony within Indonesia to satisfy any local family etc., but do the actual marriage documents outside the country. At least that would save you from having to compromise on the religion issue, get your thingy cut to pieces etc.

You dont need to get anything cut , its just paperwork , means nowt ! . Many do it to get through the system as easily and cheaply as possible .

 

[Helpful Herbert]

It means that officially you are a muslim, which does have implications.

 

[Vulgarian]

It means that officially you are a muslim, which does have implications.

Legal or spiritual? What implications are you implying?

 

[El_Goretto]

I guess the implication is that some families will require circumcision and others won't. Mine did not require me to cut anything but I know people who had to. Best to clarify ahead of time (and that's assuming the fiancée is Muslim btw... She may very well not be).

But yes, to add to @Jaime C's information, you have several ways to go about getting married in Indonesia:

• same religion marriage: If it's a Muslim marriage, you must convert first if not already a Muslim, then the marriage will be registered at the KUA. If it's a non-Muslim marriage, it will be registered at the Catatan Sipil.
• mix-religion marriage: You must get married overseas and then register the marriage in Indonesia at the catatan sipil. No other way.

And yes, ceremony and actual signing of marriage papers can be 2 separate events.

 

[scouser59]

It means that officially you are a muslim, which does have implications.

What implications ? Its just a boring paperchase , like many developing countries iv lived in, going all the way back to somalia 35 years ago ,boring then and now . a tiresome stream of foto copies .

 

[PaulDG888]

Thanks for the answers, without going into to much detail the Sunat isnt a problem. My fiancee is Muslim and i have no issue converting for obvious reasons. As for implications what difference does it make if your Muslim everyone should be treated equally regardless of colour, race or religion.

 

[jstar]

True. But I think Herbert's point was that the expectations of the area and family in law can be different. Sometimes everybody's happy just with a statement and leave it to the person what (not) to do, others are expected to actively participate in mosque visits, not consuming certain types of food, fasting (Ramadan), etc.

 

[PaulDG888]

True. But I think Herbert's point was that the expectations of the area and family in law can be different. Sometimes everybody's happy just with a statement and leave it to the person what (not) to do, others are expected to actively participate in mosque visits, not consuming certain types of food, fasting (Ramadan), etc.

Well all should be good in that respect, my fiancee tells me she is a bad Muslim and doesnt practice a lot of the beliefs, she does not wear hijab, and also does not participate in Ramadan, the only thing she doesnt eat is PORK!, I can live with that.

 

[PaulDG888]

Can anyone explain in a little more detail about Prenuptials i.e. what they should include etc.

Thanks

 

[snpark]

The prenup is more about future property ownership rather than how much she gets when you get divorced

 

[jukung11]

snpark covered part of the prenup issues well. In addition to real estate it is also important for business ownership. It often comes up in the event of inheritance.

UU No. 1, 1974 Pasal 35 also covers all business property acquired or inherited during the marriage can be separated by agreement.

Pasal 35
(1) Harta benda yang diperoleh selama perkawinan menjadi harta bersama.
(2) Harta bawaan dari masing-masing suami dan isteri dan harta benda yang diperoleh masingmasing sebagai hadiah atau warisan, adalah di bawah penguasaan masing-masing
sepanjang para pihak tidak menentukan lain.

Indonesia has closed sectors of business that foreigners can't or have limitations of ownership in. The business sectors are listed as the negative investment list. It changes every few years based on the whims of the government.

According to Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015 Tahun 2015 (google translated so I could copy and paste it) the purpose of a prenup can be for:

1. Separating assets between husband and wife so that their wealth does not mix. Therefore, if one day they are divorced, property from each party is protected, no the struggle for shared assets or gono-gini.
2. For the debt of each party they made in the marriage they will each be individually responsible.
3. If one party wants to sell their assets they don't need to ask permission from their partners (husband / wife).
4. Likewise with the credit facilities they propose, no longer have to ask prior permission from his life partner (husband / wife) in terms of guarantee assets registered in the name of one of them.

A good prenup will cover these issues. It will outline all debts of both parties, assets, assign debts and property acquired during the marriage, and separation of assets in the event of a divorce. It will have a provision to be applicable under Indonesian law and it will be written in Indonesia. It will be registered with the civil registry. I have read conflicting articles if it has to be registered before or at the same time as the marriage certificate.

If you have a lot of time to kill, you can look up Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015 Tahun 2015. Indonesian constitution opinions are extremely long winded. You can read all of the factual complications the half dozen Indonesian petitioners ran into by not having a prenup when marrying a foreigner.

Prenups are well outlined in Islam and marriage contracts are not unfamiliar to many cultures in Indonesia. It is also a good opportunity to outline what future financial obligations are to your in-laws, specifically her parents. In most Indonesian cultures, she is to join your family and her brother's are supposed to support her parent's. Since you plan on living in Indonesia, you should learn her cultural traditions and discuss her expectations of them prior to marriage.

An old bit of wisdom that was passed on to me: All marriages come to an end. death or divorce. Plan for both. Get a prenup and a will.

 

[snpark]

Aka kiss the wife goodbye when you leave the house
Kiss the house goodbye when you leave the wife

Love is grand. Divorce is a hundred grand
Etc etc