Divorce Lawyers in Argentina

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.

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. Either spouse can file without giving reasons; circumstances such as the following need not be proved:

• 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,
• economic compensation between spouses (compensación económica), parental responsibility and child support,
• 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 was convicted of the intentional homicide of the other's spouse. Also, if one of the spouses was under 18 without judicial dispensation, or lacked the mental capacity (discernment) to marry, 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 they are regulated as marriage conventions (convenciones matrimoniales) by Articles 446-449 of the Civil and Commercial Code.
• such an act is established before the marriage, when the future spouses list their assets and debts and may choose the separation-of-property regime instead of the community regime, in case of a possible divorce.
• a prenuptial agreement must be made by public deed (escritura pública) before a notary; the regime can be changed by agreement after one year of marriage.

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.