Those who want to file for divorce in Argentina can benefit from legal advice from our local specialists. We represent each spouse and explain all the legal rights in this situation; thus, we recommend the services of our Argentine divorce lawyers.
Table of Contents
What types of divorce methods are available in Argentina?
- joint/mutual divorce – both spouses agree on separation,
- unilateral divorce – when one of the spouses files for divorce and the other one does not agree.
NOTE:Mutual divorce in Argentina is the simplest form of ending a marriage. Unilateral divorce happens in the court of law and takes time until concluded.
What is the legislation on divorce in Argentina?
Civil and Commercial Code of Argentina (Código Civil y Comercial de la Nación) – Articles 437 and 438.
What are the grounds for divorce in Argentina?
There are no legal grounds imposed to end a marriage in Argentina. However, couples can file for divorce in special circumstances like:
- Marriage consumption,
- Infidelity,
- Mental health issues,
- Domestic violence, etc.
Below you may explore an infographic with information about divorce in Argentina:
Is there a waiting period imposed to get a divorce in Argentina?
No.
What are the key matters to consider when getting a divorce in Argentina?
- distribution of assets,
- child custody, visiting hours & alimony,
- the use of the residential home of former partners, among others.
What documents are requested to get a divorce in Argentina?
- marriage & birth certificates,
- proof of residence,
- IDs/passports,
- proof of mutual assets,
- birth certificates of minors, etc.
Can a couple married outside Argentina get a divorce in this country?
Yes. However, the court will solicit appropriate evidence of the marriage concluded outside Argentina and translated & apostilled certificates.
Can I get a divorce in Argentina without a lawyer?
No, this is not possible. The legislation specifically entails that a divorce cannot happen without the legal assistance of a specialized divorce lawyer in Argentina.
What is a divorce proposal in Argentina?
A type of document comprising information about:
- residence and distribution of mutual assets,
- financial compensation in case of custody and parental responsibility,
- new residence for minors after settling the divorce,
- various relevant matters involving children.
What is marital nullity?
A marriage can be annulled if it took place between blood relatives, adopted relatives, if one of the persons is already married, or if one of the spouses attempted homicide. Also, if one of the spouses was a minor at the time the marriage was registered or handicapped, this means that the marriage can be annulled.
Are prenups available in Argentina?
Yes. Here are some features:
- a premarital agreement is the same as a prenuptial agreement, and these terms are mentioned by Argentine Divorce Law.
- such an act is established before the marriage, when the two spouses agree on the division of the common property, in case of a possible divorce.
- a prenuptial agreement can be signed in front of a notary, in the presence of a lawyer.
Persons interested in getting a divorce in Argentina can contact our law firm and ask for legal advice and representation. We are at your disposal with immediate legal advice, so feel free to address your queries to our divorce lawyers in Argentina at any time.