Legal Consequences of Divorce in Mixed Marriage

Abstract

Divorce in a mixed marriage is a reality, even though the purpose of a marriage is to form a happy and eternal household, however as each spouse carries his/her own different habits, culture and laws, it is surely very vulnerable for disputes and quarrels occur between them, so it can lead to divorce. The legal consequences of this divorce can be about the seizure of child custody issues, the issue of the rights of ex-wife or husband, even the problem of joint property seizure. This article is a study on a normative law applying legislation and case approach. The problems discussed are regarding: 1) what are the legal consequences of divorce to the children in a mixed marriage, 2) what are the legal consequences of divorce to ex-husband/wife in a mixed marriage, and 3) what are the legal consequences of divorce to the joint properties in a mixed marriage.Based on the study and analysis the author did, it can be concluded that the legal consequences of divorce in a mixed marriage to the children custody right is awarded to the mother/ex-wife by encumbering the former husband to provide maintenance costs of the children until they are able to live independently or until the age of 18 (eighteen) years. In addition, the ex-husband is also required to provide a living to the former wife. Regarding the division of joint property acquired during the marriage, if the marriage couple is not eligible for the position as a subject of proprietorship right holder of the land in Indonesia, within a year he/she have to release or transfer of ownership of the land to others having such qualification. If this is not done, the property right shall be removed under the law and it shall be returned back to be directly controlled by the State.

Keywords: Legal Consequences, Divorce, Mixed Marriage.