Family and Civil Law

 

FAMILY AND CIVIL LAW

Divorce

Divorce in Argentina has no fault divorce.  Divorce only need the sole intention to get divorce.

Therefore, article 437 of the civil code, Divorce can happen if a petition from one or both spouses comes through. Article 438 states how it can be done: All petitions of divorce must be accompanied by a proposition that regulates the effects derived from this; the omission of the proposition impedes the process of the petition. If the petition is not accepted by the other spouse, then the other can propose a different regulation. At the time of formulating the proposals. The judge may order, ex officio or at the request of the parts, to present more elements that are deemed pertinent. The proposals must be evaluated by the judge; with that being both spouses must attend a hearing. In no case will the disagreement of the proposal suspend the divorce. Jurisdiction is an important matter, to have jurisdiction under the Argentine law, the actual address of the defendant or last address the spouses had before the separation is crucial. If it is a joint petition, any actual address of the souses will be considered.

Prenuptial and Postnuptial Agreements: Husband and wife may agree the regime for the incomes, assets during the marriage. Prenup and postnup may be done before and during the marriage.

Recognition of Foreign Marriages and divorces: If you were married in a foreign country and you want your marriage is recognized in Argentina you must register it in the Civil Registry, and judge must order that. If you had a divorce in other country, it requires a mirror court decision in Argentina to register it in Argentina.

Custody : When you talk about custody, today the standard in Argentina is that both parents contribute even if the child is living with one parent. Custody should be 50% for each parent unless for any special reason judge decides otherwise.

Travel authorization relocation: Children required a travel authorization to leave the country.  If one of the parents disagree, judge take the decision.  Relocation orders are quite difficult, and it will depend on the age of the children, and their best interest.