Divorce in Latin America

Divorce Papers > Divorce in America > Divorce in Latin America

Divorce in Latin America - Argentina

• The rules about divorce and marriage are stated in the civil law
• The concept of prenuptial agreement does not exist in this nation. The court regards any such agreement as invalid and disregards it
• After marriage, both the partners share all assets brought after this point in time. During divorce proceedings, these assets are distributed in a 50:50 ratio
• Any property that belonged to a person prior to marriage is allocated completely to that person after divorce

Divorce in Latin America - Brazil

• Let us assume that a divorce decree has been issued in Brazil. If the following two conditions are fulfilled, the United States generally recognizes this decree
  • One of the spouses was residing in Brazil during the divorce
  • Both the spouses seeking divorce were given sufficient notice i.e. service of process
• The requirements, procedures and fees regarding a divorce in Brazil are subject to modification. So, a person desirous of this divorce should procure the latest information from the Brazilian Civil Registry office
• Let us think of a marriage that has been completed in Brazil and this couple have been granted a divorce in the US. Such a divorce is acknowledged in Brazil, if the following conditions are fulfilled
  • The divorce has been endorsed by the Brazilian Supreme Court
  • One or both spouses are Brazilian
• Let us consider a couple who were married in the United States and are applying for a divorce in Brazil. The Brazilian government demands that the marriage in the US must be registered by a Brazilian Consulate in the US

Divorce in Latin America - Peru

• If one spouse does not divorce and remarries, such a spouse is charged with bigamy and this is regarded as a crime
• If one of the spouses assumes some debts, they can be repaid using the goods of the other spouse
• When one spouse dies, the other spouse is regarded as the heir to the dead spouse. Let us assume that the dead spouse has a mistress and they have been together for a considerable period. Still the mistress is not granted any benefit
• All the objects that the couple has attained belong to both spouses. Some exceptions have been mentioned by law no. 27495

Some Latin American Divorce Statistics

In 2002, about 35,000 individuals in Latin America were surveyed. Out of these, 3.3 percent declared that they were divorced (i.e. formal annulment) while 4.9 percent revealed that they were not divorced but separated.

The following table indicates the percentage of divorced individuals in the above survey.

Divorce Papers