Divorce Certificate: How to Get It, Facts and MORE

10 minutos de lectura

In Chile there is no Divorce certificate as such, but you have to consign a series of certificates and follow a series of steps to finish registering the divorce decree. You probably don’t understand much of what we are talking about, but throughout the article we will be explaining how you can process your divorce in the right way.

And how is that? Knowing first the types of divorce and the necessary documentation. However, we will also explain how to process the Certificate of Cessation of Coexistence, which plays a great role in this process, as you will be seeing throughout the article Don’t go!

Data to Take into Account when Requesting the Divorce Certificate

The first thing you should take into account when talking about the Certificate of Divorce, is that it does not exist as such. As we told you before, there are a series of documents and procedures that you must complete in order to change your marital status. At the end of this process, the divorce will appear on the Marriage Certificate or Certificate.

However, we will be using the term of Divorce certificate to refer precisely to this last document in which the respective annotation of the divorce appears. This is something to keep in mind when reading the entire article.

On the other hand, before we start we would like to give you a summary of what you will be seeing throughout the article, so that you can understand the divorce process.

Let’s see!

StepsObtaining Divorce
OneKnow the type of divorce you will process
TwoProcess of quotation and hiring of the lawyer
ThreeMake the pertinent procedures: Marriage Certificate, Birth, Residence Certificate, Cessation of Coexistence
FourReach agreements on assets, capital and children in common
FiveHow to process the Certificate of Cessation of Coexistence?
SixGet divorce by judgment
SevenOther procedures in the Civil Registry

By understanding this process, you should have no problem getting your divorce. Good luck!

Types of Divorces

First of all, you should know what the Types of Divorces that exist, so that you can know which one fits your situation and thus be able to act accordingly. The type that is will determine the way in which some procedures are carried out, so you should not skip this point for the world.

exist three (03) types of divorce in Chile, which correspond to divorce by mutual agreement, unilateral and culpable, from the simplest to the most complicated.

By Mutual Agreement

Several aspects must be taken into account when talking about this type of divorce. The first thing you should know is that it is the most peaceful divorce, since both parties want to get divorced and therefore there is no need to build a whole case and trial. It is also the most economical and convenient type.

The other aspects to be considered are:

  • It should only be request to the Family Judge that you want to process the divorce, without the need to generate a claim as controversial as the other type.
  • It is necessary to prove, at least, one year from the cessation of coexistence. This is an exclusive requirement.
  • Finally, both parties must participate voluntarily in the drafting of the Mutual Relations Agreement. This is written by the lawyer they hire (or the lawyers, if each one hires one) and points are stipulated such as:
    • Custody, visits and alimony of the children in common, if they have them.
    • If this is the case, liquidation of goods and due economic compensation. It will be taken into account if there was a prenuptial agreement.

Unilateral

The difference with the first is that in this case there is no divorce agreement. Only one party wants to file for the divorce and the remaining party is not required to authorize it. Why? Because the main requirement is to declare a cessation of coexistence for more than three years. Do you see why the Certificate of Cessation of Coexistence is so important?

However, although it is not necessary for the other party to consent, if the regulation process would have to be carried out in matters of children in common and property in the name of both, in which the other person is required to participate in being possible.

Guilty

Finally, the type of wrongful divorce. This is usually the most complicated, since it arises from existing conflicts in the couple, either due to reprehensible behavior on the part of one or both.

Due, no time is wanted in the cessation of coexistence. The couple can continue to live together and one of the parties can sue for a divorce. This is when the word ‘sue’ is used properly to describe the situation, as you may both want a divorce but most likely not.

Chilean law provides a series of behaviors that allow defining this type of divorce, among which are those of domestic violence, infidelity, addiction problems, and so on. You can learn more by entering this link.

Knowing the type of divorce that you will process, you can proceed to hire a lawyer.

Quotes and Lawyers for the Certificate of Divorce

Regarding the Quotes and LawyersWell, the truth is that there is a wide variety of offers regarding divorce. It is a matter of consulting the different lawyer guides that you can find on the internet until you find one that fits your budget and that can process everything you need.

The budget can go from $ 250,000 and many of these propose financing plans to their clients, if they do not have the necessary payment capacity. Keep in mind that the cost of a lawyer depends on many factors such as:

  • Experience.
  • Amount of procedures that have to be carried out.
  • Services and the degree of quality of these. It is not the same to hire a lawyer who is only for specific things than to hire one who is available all day and that includes home visits, in addition to having a great capacity for debate.

In the end what you should consider is that the person you hire is able to cover all the paperwork, leaving no blank spaces. These could be more expensive in the future, so make sure that you will not only cover the divorce process, but those related to liquidations, agreements regarding children and common property, and so on.

Once you hire your lawyer, he will begin to advise you regarding the divorce, since what continues is to obtain the legal documents that you will need.

Legal Documentation to Divorce

There are a number of Legal Documentation to Divorce that you must present to the lawyer and this to the judge to be able to make the corresponding request for divorce. Most of these documents can be processed online or in person and are:


  • First of all, the Marriage certificate. Logically, to get divorced you must first be married, so this document is very important. It can be processed in the Civil Registry system or from its offices. For more information you just have to enter the link.
  • If there are children in the marriage, then the following document corresponds to the Birth certificate, or the plural if it is the case. Otherwise, you must still present the certificate if the child or children you had were born after the separation. Again, click on the link to find out how to obtain it.
  • Residence certificate, to prove that both are living in different addresses. If you cannot acquire it, then you can present a recent receipt for a basic service, a lease agreement or any other document that proves this.
  • Finally, the Certificate of Cessation of CoexistenceIf the marriage took place after 2004. We will explain this to you in the next section.

They are all very easy to acquire and allow you to start the divorce process. Why? Because all of these allow the divorce to come into context in order to make the proper judgment.

Of course, remember that for the divorce of the guilty type, the latter is not necessary.

IMPORTANT

Divorce must be requested in the Family Courts, taking into account the type of divorce, and with the advice of a qualified lawyer.

Since you made the request for divorce, you have to proceed to reach agreements on assets, capital and children in common.

Agreements in divorce

Preferably there should be a part in the divorce process where agreements are reached regarding the children and property that they have in common. In this sense, aspects such as:

  • Separation and liquidation of assets.
  • Food regulation.
  • Determination of custody and / or visitation plan.

If it is a divorce by mutual consent, then the drafting of the Mutual Relations Agreement obligatory

In the end, it corresponds to reach agreements for the distribution of properties, children, partnerships, and so on. Remember that the separation must be complete and, if not, arranged.

Now, let’s proceed to explain how you can obtain the Certificate of Cessation of Coexistence to move on to the next step.

How to obtain the Certificate of Cessation of Coexistence?

For Obtain the Certificate of Cessation of Coexistence you will only need your identity card, which must be current and in good condition. If you will do the procedure online then you must have Unique Key, although only in the event that the termination is unilateral or mutual.

In addition, this procedure has no cost and the termination will begin the day the other party is notified. With this in mind, let’s proceed to explain what you should do:

Online

  • Enter the system Unique Key.
  • Enter your RUN and Password and proceed to click on Authenticate.
  • Enter the information requested by the system.
  • Click on the option Download and enter your email if you want to receive the certificate there.

If you do not have a password, you must go to the nearest Civil Registry office and request it with your identity document.

Face-to-face

  • With your identity card and knowing the residence of the spouse, go to one of the office of the Civil registration.
  • Indicate that you want to obtain the termination certificate.
  • Deliver the ID and announce your partner’s address.

That is all! You will receive the certificate in your email, so you can download and print it.

Finally, you can also order it in the Chile modules.

Once you have already requested a divorce, delivered the documents, reached agreements either between the parties and the work of a judge, then you only have to obtain the Certificate of Divorce.

How to Obtain the Certificate of Divorce?

Finally, what you were looking for: obtain the Certificate of Divorce. Well, it is very simple. Once you filed for divorce, the hearing was held and the judge declared the dissolution of marriage, something very important, then there are only a few things to do.

First, you must acquire the Certificate of Execution. When it comes to a divorce by mutual agreement, this document is obtained in two (02) business days, while for the other two cases it can take up to ten (10) business days, time in which the other party can pronounce and do more. laborious process.

This document indicates that the divorce decree has been final and enforceable, and is signed by the Minister of Faith. To obtain it, your certificate must deliver the judgment issued by the judge.

Second, you will have to Register Divorce. For this you must make a copy of the sentence and deliver it along with the certificate to any Civil Registry office. This can be done by you or your lawyer, for a specific cost that for 2020 is $ 3,800.

Finally, you will only have to wait approximately two weeks for the registration to take effect. After this time, you can process the marriage certificate, where will appear the finalized divorce.

IMPORTANT

If you were divorced some time ago and they request a divorce decree, you must go with your RIT and Identity Card to the court where you divorced to request it, along with the certificate of execution.

Other formalities

Already legally divorced and as a last step, you can proceed to update the documents that indicated that your Marital Status was Married. Always keep the judgment and the certificate with you.

We hope we have helped you with what you were looking for and we wish you good luck.

Until next time!

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