• Thu. May 19th, 2022

Distribution of Assets in Divorce Case Trial


Sep 17, 2020 , ,

The format of a divorce trial is divided into two types, namely divorce and division of assets, or divorce and division which is conducted separately. The University’s Marriage Law lecturer believes that a religious couple may determine both types of divorce. Whether the trial will be held together with the distribution and custody of the child or not. However, couples who are not Muslim cannot merge the two types of lawsuits, because they are subject to the provisions of the Herziene Inlandsch Regulation (HIR) or civil and criminal procedural law. Based on the HIR, the trial process begins with the divorce trial, then continues with the property suit at the District Court which is conducted separately.

The merger of divorce and joint assets are regulated as amended by the Second Amendment above. it mentions claims regarding child domination, child living, wife’s livelihood can be filed together with divorce claims or after the divorce ruling obtains permanent legal force. When a divorce occurs, there are 3 types of assets in a marriage that have the potential to become objects of disputes, namely:

1. Default Property

It is a treasure that is brought by the prospective husband and future wife. The treasure is obtained before they enter into a marriage. This type of property is controlled by husband and wife.

2. The Property of Each Husband and Wife

Is property obtained through inheritance, grants, wills, gifts during the marriage? This type of possession also belongs to each husband and wife.

3. Joint assets

Usually called a treasure. It is a property that is jointly obtained by husband and wife during the marriage period.

For the record, if the marriage agreement does not mention the combination of inheritance, the husband and wife’s inheritance will automatically be separated, so it cannot be the object of the dispute. Therefore, the property will remain the property of their respective.

Meanwhile, joint assets not mentioned in the marriage agreement will automatically become shared assets. However, if there is a marriage agreement that states the separation of assets acquired by a husband and wife during a marriage, then the object of the property will be lost.