Practice Areas
Family and Inheritance
Divorce, marital agreements, child custody, and inheritance under Islamic law, the Civil Code, and customary law.
We represent clients in divorce proceedings before the Religious Court (Pengadilan Agama) for Muslim couples and the District Court (Pengadilan Negeri) for non-Muslim couples, including child custody matters. We also draft marital agreements, both before and during marriage, as permitted following Constitutional Court decision No. 69/PUU-XIII/2015.
In inheritance matters, we help divide estates under Islamic law, the Civil Code (KUHPerdata), or customary (adat) law, depending on the family’s background, and we prepare wills and assist with heir determinations. In every family matter, especially those concerning children, we aim to keep the best interests of the child at the center.
What we do
- Divorce petitions before the Religious Court or the District Court
- Marital agreements before or during marriage
- Child custody, child support, and division of marital property
- Inheritance division under Islamic law, the Civil Code, and customary law
- Drafting wills (testament) and advising on their execution
- Heir determinations and heir certificates
- Family mediation and settlement of inheritance disputes
Frequently asked questions
Which court handles a divorce petition?
Muslim couples file for divorce at the Religious Court, while non-Muslim couples file at the District Court. The proper venue generally follows the rules on domicile, such as the defendant’s residence, and it can differ depending on the type of case.
Can a marital agreement be made after the wedding?
Yes. Following Constitutional Court decision No. 69/PUU-XIII/2015, a marital agreement can be made during the marriage. It takes effect from the date it is made and registered as required, and it cannot prejudice third parties who already had legal dealings with the couple.
Can a will dispose of the entire estate?
Not entirely. For a Muslim testator, a bequest is generally limited to one-third of the estate and cannot be made to an heir unless the other heirs agree. For a testator subject to the Civil Code, a will must still respect the forced share (legitieme portie) reserved for certain heirs.
Tell us about your legal matter
A free 30-minute initial consultation, in person or online.