Family and Civil Law


With the new Civil Code, today divorce can occur just for the sole intention and desire for it to be that way. No fault express divorce is now in Argentina.

Article 437 of the civil code says: Divorce can only legally happen if a petition from one or both of the 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 being appealed by only one of the spouses then the other can propose a different regulation. At the time of formulating the proposals, the parts must accompany the elements of which they are founded on. 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.

The domicile of the defendant, the last domicile of the couple, or the domicile of whichever of the two spouses if it is joint presentation is necessary to have jurisdiction.

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 after marriage.

Parental responsibilities:

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



Travel authorization relocations

Children can travel out of the country, or settle in another country but you need authorization from the other parent, or a judge.



Recognition of Foreign Marriages.

If you were married in a foreign country and you want your marriage was recognized in Argentina you must register it in the Civil Registry, and judge must order that.