Family and Civil Law

Divorce

divorce argentina attorneyArgentina has no fault divorce.  Tto get divorce you only need the intention to get divorce. Therefore under 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 proposal about the the impact of the divorce; the omission of the proposal impedes the process of the divorce petition. If the petition is not accepted by the other spouse, then the other spouse can propose a different proposal.  The judge may order, ex officio or at the request of the parts, to present more evidence. The proposals must be evaluated by the judge; with that being both spouses must attend a hearing. In no case  the disagreement of the proposal will suspend the divorce. 

 

Jurisdiction

It is an important matter, to have jurisdiction under the Argentine law to get divorce.  The actual address of the defendant or last address the spouses had together before the separation is crucial. If it is a joint petition.  
 

Prenuptial and Postnuptial Agreements
Spouses can agree the regime for the incomes, assets in 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  be recognized in Argentina you must register it in the Civil Registry, and a judge must order that.
If you had a divorce in other country, it requires a decision issued by a local judge to recognize and to register the foreign divorce decree in Argentina.

Custody

custody attorney buenos airesWhen you talk about custody, today the standard in Argentina is that both parents share coustody,  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

relocations buenos airesChildren 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.  

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