Does the financial compensation granted to one of the spouses constitute income? No, this amount of money is not income for legal purposes. In this act, they must opt for the property regime within the marriage, that is to say for the matrimonial company, the separation of property or participation in the community of property. If they don`t say anything, you understand that they choose to separate the property. If one of the contracting parties has died, a death certificate must be presented, duly legalized. For the registration of a marriage contracted abroad, both spouses must go to the respective Chilean consulate with their valid identity and marriage certificate, duly legalized by the authority in which it was contracted. Divorce decrees issued by foreign courts in Chile have the same force as those issued by Chilean courts and comply with the legal requirements referred to in the preceding paragraph. Remember that if you need legal help for this or a similar issue, write to us here and a lawyer from our team will contact you shortly. How does a marriage legally end with the new law? For four reasons: The natural death of one of the spouses. The presumed death of one of the spouses (a person who has been absent for so long that they are presumed dead).
The presumed death must be declared by a judge after the expiry of the legal deadlines. By final annulment judgment: It is established that the marriage never existed because the conditions laid down by law were not met. By final divorce decree: means that there has been a marriage, but that it has been terminated. Both annulment and divorce are initiated by an originating application that is heard in the family courts. Divorce in Chile, divorce applications. Abogados del Maule offers legal advice in dealing with your divorce, whether it is a divorce by mutual consent, a divorce without agreement or a guilty divorce. We also advise you in cases where you need a legal separation. Therefore, if the marriage did not take place in Chile, it is possible, if you contract a marriage abroad, to register it with the Chilean consulate so that it has legal effect in Chile. NOTE: The information contained herein does not constitute legal advice and the user should not act on the basis of such information or consider it as a substitute for legal advice in particular cases. Divorce and legal separation are not the same thing either. As a result, only divorce legally ends the marriage.
On the contrary, legal separation maintains the bond so that it is not possible to remarry. How does the new matrimonial civil law differ from the old one? The new law regulates situations that the previous law did not provide, such as the possibility of divorce and remarriage. Although divorce is governed by the old law, it does not terminate the marriage (since it does not break the bond) and therefore does not allow divorcees to remarry. A new figure called financial compensation has been created, to which a spouse who did not work during the marriage or worked less than he or she could and would not because he or she was engaged in child care or work in the joint household is entitled. This compensation may be claimed in the event of divorce or annulment of marriage, may be agreed by the couple and approved by the judge or, failing agreement, determined by the judge who, in fixing the amount, must take into account, inter alia: the duration of the marriage and the life of the spouses; the property situation of both; Age, state of health, social security situation and possibilities of reintegration of the weaker spouse into the labour market. Financial compensation may be paid by the provision of a sum of money (one or more instalments), shares or other property or by the creation of a right of usufruct, use or residence over the property of the spouse responsible for maintenance. The Act also changes the conditions of marriage: it increases the age at which persons acquire the capacity to marry to 16 years, but with the permission of their parents and in their absence in the manner established by law. Another innovation is that it is no longer necessary to marry first in the civil registry and then in the church, since marriages contracted before religious bodies enjoy legal personality under public law (churches) have the same effects as civil marriage, provided that they meet the legal conditions according to which the registration of the act issued by the religious entity in the civil registry and the ratification of consent are detached.
to the religious seat within eight days from the date of the marriage. If these conditions are not met, religious marriage will have no legal effect, that is, it will not be valid from a civil point of view, but will have value for the Church only as a sacrament. If you wish to divorce but do not respect the legal deadlines to end the cohabitation (1 year in case of divorce by mutual consent or 3 years in case of unilateral divorce), Maule`s lawyers will advise you on the legal separation process, for which it is not necessary to observe a period of breakdown of cohabitation. 2.- It does not modify the rights and obligations of parents towards children. Legal separation creates a new civil status called “judicially separated” as soon as the judgment of the court has been rendered. Legal separation does not alter the filiation of the children recognized before its occurrence or their inheritance rights. There are also differences in provenance requirements. In case of unilateral divorce, 3 years of cessation of cohabitation are required. In case of divorce by mutual consent, 1 year of cessation of cohabitation is required. In the event of legal separation, no time limit is required for it to occur. Serious and repeated transgression of the obligations of coexistence, help and fidelity. Example: Constant and repeated departure from the common home.
Trying to prostitute the other spouse or children. However, in the case of children, the same article contains an important note: the law provides for the creation of a new civil status following the judgment of legal separation, which is separated. The effects of separation by this route include: It suspends only certain duties and obligations of marriage which are incompatible with separation. As well as, for example, sex, living together and the duty of loyalty. For orientation and information, the CAJ offers services for all natural persons. It is important that you keep in mind that after the legal separation, the filiation is not changed in any way. Therefore, the rights and obligations of parents towards children (maintenance, direct and regular relationship, etc.) are not changed. “In pronouncing separation, the judge shall resolve each of the questions referred to in Article 21, unless the judicial settlement of one of them has already been settled or is not progressing, as he will expressly point out.” If you intend to bring an action for legal separation, you must ensure that the following conditions are met: File format .ics compatible with different calendars and devices The spouses acquire the marital status of a legally separated person. A similarity could be that in the case of divorce and legal separation, certain issues need to be settled, such as: the matrimonial regime, child support, who has personal custody and access, etc. Should divorce and annulment be sponsored (processed) by a lawyer? Yes, in these proceedings, a lawyer is always required to prosecute and appear before the family courts, unless the judge makes an exception if necessary for valid reasons (Article 18 of Law No. 19.968). In addition, as part of this procedure, the family court judge must ensure, at the time of the judgment, that all the necessary issues have been settled.
Section 31 of the Civil Marriage Act reads as follows: You may also be interested in: A Complete Guide to Divorce. It is important to note that legal separation must be under-registered by a judgment outside the respective marriage certificate and therefore the formality of publicity required by our legislator has been respected.