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How to Divorce in Argentina

How to Divorce in Argentina

Married couples interested in separation in Argentina must know the rules of divorce. In most of the cases, the divorce is done with the help of mutual consent and an Argentinian lawyer who can explain the conditions of separation. If you want to file for divorce, you should talk to one of our specialists who can represent you. We can explain the conditions for separation of foreign citizens, as we have experience in immigration to Argentina and related issues.

How to divorce by mutual consent in Argentina

According to the Civil Code in Argentina, the divorce by mutual consent means that both spouses agree on the separation, mentioning that each person will be represented by a lawyer in Argentina. It is important to know from the start that the legal separation by mutual consent is the fastest process available, plus, the expenses are not that high. Here is how to get a divorce by mutual consent in Argentina:

  1. The spouses will be represented by an attorney in Argentina who will explain the procedure.
  2. Then, a discussion about mutual property and assets will take place.
  3. Once the distribution of the assets is agreed upon, the divorce can start.
  4. In the case of minor children, custody and the alimony must be established.

Regarding the time in which the divorce is concluded, this will depend on the organization of the court, pleadings, and hearings. Yet, the divorce by mutual consent can be handled and decided in approximately 2 months, with complete support offered by one of our experts. Plus, our immigration lawyers in Argentina can provide support and guidance on this topic.

What is a contested divorce in Argentina?

If one of the spouses does not agree with the divorce intention, he or she can contest the separation. This can be a complex process that might prolong for a couple of months or years, depending on the circumstances plus other facts. Our lawyers in Argentina can tell you more about the contested divorce and how it works.

How do foreigners divorce in Argentina?

According to the laws in Argentina, foreign citizens are not treated in a different way compared to Argentinian nationals when it comes to the divorce procedure. All cases are considered in accordance with the facts presented, with respect to the applicable rules and regulations of the jurisdictions in Argentina.

If you are a foreign national who wants to get a divorce in Argentina, you should talk to our immigration lawyers in Argentina and find out all you need to know about the procedure. You can get in touch with our Argentinian lawyers and solicit legal support and representation, including for immigration to Argentina.

Are prenuptial agreements accepted in Argentina?

Yes, according to Law 26.994 of 2015, prenuptial and postnuptial agreements are regulated in Argentina, with respect to the international civil laws. Partners can agree on the property contribution, debts, donation, and gifts prior to the marriage in Argentina, with the mention that such a contract can be modified after one year of marriage. This kind of arrangement is often chosen by persons who want to make sure that their personal assets and properties will be protected in the case of a separation or divorce. All you need to know about prenuptial agreements in Argentina can be explained by one of our specialists.

And to give you a better idea of the prenuptial agreement in Argentina, mentioned the Argentine Divorce Law, we will review the following aspects:

  • 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.
  • prenuptial agreement can be signed in front of the notary, in the presence of a lawyer.
  • Although it can be believed that a prenuptial agreement is addressed only to those with above-average incomes or with huge wealth, this act has proved to be useful in other cases where the spouses have a moderate fortune.
  • This document can be a protection for people who have been through a marriage and have children from their former marriage. Thus, the assets of the respective marriage are protected and do not come into the possession of the new partner, in case of divorce.
  • The financial situation of a couple can be clarified from the very beginning before the marriage takes place. This includes both those with large fortunes and those with modest assets.
  • It is good to know that a premarital agreement can protect you in case your husband or wife has debts. They cannot be paid with the property or property you own if you sign such a document in advance.

What can happen in the absence of a premarital agreement

Argentine Divorce Law mentions the conditions under which the property of the two spouses is distributed after the divorce. Although former partners should share their property and assets equally, signing a joint agreement, there are many cases in which this is not possible, as the legislation determines these things. If there is no premarital agreement and if the distribution of the property has not been made by mutual agreement, the court will be the one that will establish these things, taking into account the assets accumulated during the marriage, called common goods. Thus the properties are divided equally, the debts are also in question, and the right to sell a certain property or good can be assigned only to one of the spouses.

Each spouse can be counseled by a lawyer with experience in divorce and property division cases. The partners will be represented in court, where the lawyers will discuss the distribution of the assets accumulated during the marriage. If the judge agrees, he/she can issue a decision in this regard, but which can be challenged by one of the spouses if he/she does not agree with the respective division. You can discuss more about Argentine Divorce Law with our team of lawyers in Argentina.

What is marital nullity?

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 minor at the time the marriage was registered or handicapped, this means that the marriage can be annulled. Please feel free to talk to one of our lawyers in Argentina and solicit legal advice if you are interested in marriage annulment.

Also, we mention that our specialists can help foreign entrepreneurs start a business in Argentina.

Why mediation before a divorce is recommended

Divorce can be filed by one of the spouses. However, until the final decision, mediation between the two is recommended. In other words, a way of reconciliation is proposed or more precisely a period in which the two can discuss their marriage and see if something can be fixed. Problems related to property, the education of minor children, and various financial situations are some of the topics that can be addressed in mediation.

Many times, mediation has been an optimal solution for couples who at one time considered that only divorce can be the option to solve the couple’s problems. So, if you want to get divorced if you have already filed a lawsuit, consider seriously the idea of mediation before the final decision. You can get more advice in this regard from our team of divorce lawyers in Argentina.

Custody and visitation rules after divorce in Argentina

Argentine Divorce Law mentions the rules that apply if minor children are involved in marriage. Following a divorce, the terms of custody and visiting hours will be established for the parent who has not received the minor minors resulting in the marriage.

It is important to know that these issues will be settled in court, and the judge is the one who will give a verdict regarding child custody, visiting hours, and child support. What you need to know is that the authorities act only for the benefit of minors, to be able to grow up in a fair and healthy environment, preferably without a change of address, and to have a good education from both parents, responsible for the good upbringing of children.

We, therefore, invite you to discuss with our lawyer in Argentina and to find out all the legal aspects related to the custody of minors, visiting hours, and child support.

Child support in Argentina

Once the divorce is concluded, and if there are minor children as a result of the marriage, the child custody and alimony will enter the discussion. The parents must agree on the custody, and the one who does not live with the child will have to pay alimony to sustain a part of the proper living conditions related to food, clothes, education, etc. Your Argentinian lawyer can tell you more about this important aspect when filing for divorce.

Here are some facts and figures about divorce in Argentina:

  • • According to statistics cited by Latin America Gerald Tribune, a married couple files for divorce after  an average marriage of 12 years.
  • • Around 60% of divorce cases in Argentina are solicited by women.
  • • Argentinians with ages between 39 and 50 filed for divorce in about 43.7%.
  • • In matters of divorce causes, 43% of the respondents accused the partners of serious injuries.

Persons interested in getting a divorce in Argentina can contact our law firm in Argentina and ask for legal advice and representation. We are at your disposal with immediate legal advice, so feel free to address your queries at any time.