Jakarta, Armfalcon.com – Youtuber and Raffi Ahmad’s cousin, Alshad Ahmad, has recently been in the media spotlight after he reportedly divorced Nissa Asyifa. It was reported that Alshad married Nissa in an unregistered manner and performed a marriage certificate to legalize it legally, however, on November 11, 2022, Alshad filed a divorce application, and their divorce data was spread to the media.
As reported detik.comAlshad and Nissa’s marriage took place in a series on September 30, 2022. This marriage was clearly not registered at the local Office of Religious Affairs (KUA).
In just a matter of months, Alshad wanted a divorce from Nissa. However, because the marriage was not legally valid, they had to do isbat so that their divorce could also be legal according to religion and state.
Long story short, on November 30, 2022, their marriage was legalized and because Nissa was never present at the divorce trial, the divorce was terminated by verstek on December 2, 2022. As a result, they both read their vows to divorce on December 28, 2022.
Learning from Alshad and Nissa, siri marriages are actually valid religiously, but have their own financial losses. The following is a row of financial losses that can be experienced by a wife.
Husband can be released from all his obligations
Because it is not legal in the country, it means that there is no legal force binding this marriage. That means there is also no obligation from the husband to be the breadwinner who supports his wife and family.
As a wife, you also cannot file any demands because this marriage is not valid in the eyes of the law.
There will never be a mixture of wealth and debt
When a person gets married, all assets acquired by the husband and wife will become joint property, as long as there is no marriage agreement made by the two partners.
Therefore, any assets or income earned by each husband and wife are certainly considered as inherited assets.
If there are children, the status of the child is “child out of wedlock”
How can the child be considered a “legal child” if the marriage of the parents alone is a marriage that is not recognized by the state?
In Article 2 Law Number 43 of 1974 concerning Marriage states that children born out of wedlock only have civil relations with their mothers and their mothers’ families.
With this article, the status of property owned by father to child is not inherited.
But a child out of wedlock can actually be a legitimate child. Based on Article 272 of the Civil Code,
Children out of wedlock, except for those born from adultery or blood staining, are legalized by subsequent marriages from their father and mother, if prior to the marriage they have made a legal recognition of the child, or if the recognition is made in the marriage certificate itself.
Families cannot be protected by life insurance
There is one principle in insurance called insurable interest. This principle explains that a person can insure himself because there is an underlying family or economic relationship.
For example, someone can buy life insurance and appoint their child as a beneficiary because they have family or blood relations. Meanwhile, customers can buy life insurance and appoint credit institutions as beneficiaries, because the customer in question has a debt-receivable contract.
Religiously, you may have marital ties with your spouse. But know that marriage is not legal in the state, therefore you do not have a family relationship with your partner, this clearly violates the principle of insurable interest.