How to Divorce in Argentina

How to Divorce in Argentina

Updated on Wednesday 09th September 2020

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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 and all the legal aspects implicated.

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 Argentinian lawyers.

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 a legal advisor 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.

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.

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 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.

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.