If you are going through a difficult time of conflict in your marriage and you consider that it is irreconcilable and you will not be able to resolve it. Read the Requirements for Divorce in Peru, where you will surely find information that is of great help to you.
Know everything you must do beforehand, the budget and the time that this process will take you, which nobody wants to go through, but which is sometimes irretrievably necessary for the good of you and your children.
What are the Requirements for Divorce in Peru?
The Requirements for Divorce in Peru, If for certain and certain reasons it requires ending the marriage relationship, you must go through a process of separation of bodies and property and finally divorce.
According to the Law there are a series of requirements to obtain a divorce in Peru. Of course, these requirements will depend on the type of divorce that is proposed, since in Peru there are several types of divorces.
The Requirements for divorce by mutual agreement through the courts are as follows:
- It must exist agreement and will on the part of both spouses in getting divorced.
- They must have like at least two years of being married.
- Present the Request for divorce by mutual agreement addressed to the Family Judge of the jurisdiction corresponding to the last marital domicile.
- The petition for divorce must be signed by both spousal members and be authorized by a lawyer.
- Record the Marriage certificate.
- Pay the court fee.
- Present copy of identity documents of the spouses.
- Deliver the birth certificate of each of the children.
- Also, a proposed agreement or agreement on parental authority of minor or elderly children with disabilities, property and food must also be submitted.
- Likewise, deliver a valuated inventory of goods with the legal signature of the spouses.
The Requirements for municipal divorce or expedited divorce are as follows:
- Agreement and will of both parties for divorce.
- They must have a minimum of two years of marriage.
- Submit a letter to the Mayor where the will to separate is expressed, indicating names, surnames, ID, marital address (last), signature and fingerprint of the spouses. Indicate if there is an impediment to signing due to illiteracy or disability.
- Record the copy of identification documents of the spouses.
- Submit a certified copy of the Marriage Certificate, which has been issued three months before the divorce application.
- Deliver a Sworn declaration signed by the spouses of the last marital domicile.
- Proof of payment of the municipal tax for the management of the divorce.
- If you do not have minor children, you must present the Affidavit with signature and fingerprint of the spouses, that they do not have minor children or adults with disabilities.
- If there are minor children, attach the certified copy of the birth certificate of each of the children, which has been issued within the three months prior to the divorce application and the final judgment of maintenance, regime and visitation of the Jurisdictional Organ.
- In the case of children of legal age with disabilities, attach the certified copy of the birth certificate of each of the children, which has been issued within the three months prior to the divorce request and a certified copy of the Firm judicial decision or conciliation act of the regimes of conservatorship, food and visits of the Jurisdictional Body.
- Attach a certified copy of the final judicial sentence that declares the interdiction of the eldest son with a disability and where a curator is appointed.
- If there is no property in common, record the Affidavit with the signature and the fingerprint of the spouses, of not having property subject to the community partnership regime.
- If you have property from the marriage, you must present the Document of the Public Deed of the change or substitution of the joint property company or common property for the separation of property. This deed must be registered in the Public Registries.
Requirements for notarized divorce or expedited divorce
The documents or procedures necessary for a notarized divorce, better known as expedited divorce, are the following.
- Express will of both spouses to divorce.
- Have passed minimum of two years of marriage.
- Deliver a copy of the ID of the spouses.
- A must be made minutes to the Notary where the separation decision is expressed and request a notarized divorce.
- Each spouse must sign and place the fingerprint, and it must also be signed by a lawyer.
- Deliver a certified copy of the Marriage Certificate, which has been issued three months before the divorce application.
- Deliver the Affidavit of not having minor children with signature and fingerprint of the spouses, and in case of having children deliver the Final Judicial Judgment on possession, visitation, food.
- Attach the birth certificates of minor children, no more than three months after being issued with respect to the date of the request.
- Present a registered document of the Separation of Assets in case of having assets subject to the community property regime.
- Also, attach the Affidavit of the last marital domicile.
- Also, hire a lawyer to represent them at the separation hearing.
The Requirements for a Causal or Contentious divorce are as follows:
- Make the presentation of the Demand addressed to the Judge, where the request is made invoking one of the 12 grounds for divorce established in the Law.
- Accompany with evidence that proves the existence of the cause invoked.
- The grounds invoked must not have expired.
- If there are minor children or property acquired within the marriage, the request for divorce must be the fixation of alimony and the regime of custody and visits of minors. Likewise, the liquidation of the community property company if there are assets acquired while the bond existed, as long as there is no prior judgment that has resolved them.
- Should be Attach the birth certificates of each of the children, the marriage certificate, copy of the ID of the requesting spouse. Likewise, consign the documents that prove the assets acquired by the spouses within the marriage.
Steps to Divorce in Peru
The Requirements for Divorce in Peru, In general, the steps to carry a divorce to term are the following:
- The first point is hire a legal professional to advise and indicate the steps to initiate, after reviewing, analyzing and studying the conditions of the case.
- Once, the type of divorce the necessary requirements to introduce the divorce procedure are managed.
- As a third step, the lawyer goes to the corresponding entity to formalize the divorce process.
- The competent authority formalizes the procedure admitting the petition for divorce, together with the final judgment of custody and feeding of minor children and the separation of property.
- The procedure varies depending on the type of divorce and the body to which the request is made.
- The process is short when there are no minor children and assets in common acquired during the marriage link. Of course, it will take more paperwork and formalities when there were children in the marriage and common assets were obtained.
Costs of a Divorce in Peru
According to Requirements for Divorce, the cost to pay for the formalities and procedures until having a final Divorce Judgment, they can vary according to the type of procedure that is done.
Approximate costs of the different Divorce procedures:
- If it is a Divorce of mutual agreement via municipal the cost can range from 135 to 190 soles.
- For Divorces of mutual agreement via notarial is among the 2100 to 2600 soles.
- In Divorces of mutual agreement but by judicial means the cost can be around 100 solesIn addition, there are the attorney’s fees.
- For the Contentious divorces the cost is very variable since it depends on each particular case and its complexity or not. Therefore the cost is determined by the attorney’s fees.
Requirements for Divorce: How Long Does the Procedure Take?
Following with the Requirements for Divorce, the duration of a divorce process is variable and depends on the particular situation of each couple and its characteristics.
Approximate duration of the different Divorce proceedings:
- If it is a Divorce mutual agreement municipal road the time can oscillate between 6 to 8 months.
- For Divorces of mutual agreement via notarial is among the four to six months.
- In Divorces of mutual agreement but by judicial means time may be around one year.
- For the Contentious divorces the time of the process is very variable since it depends on each particular case, how complex it is and how it is solved. Therefore the cost is determined by the attorney’s fees.
Types of Divorces in Peru
Continuing with the Requirements for Divorce, It can be mentioned that in Peru there are two ways to get a Divorce and these are the following:
- The Divorce by mutual agreement, where the procedure is conditional on the decision of the spouses to end the marriage bond, so they must resort to the provisions of Law 29227.
But mainly, what must be known is that if they agree to break the marriage bond, then a divorce can be made by mutual agreement or not contentious.
This type of divorce can be processed through the courts, municipalities and notaries. To carry out this type of Divorce, two years must have passed since the marriage was made
- The Divorce for Causal, without agreement, that is, Contentious, This divorce is resorted to when there are irreconcilable differences and there are conflicts regarding children or property, it must be compulsorily processed through the courts for a contentious divorce.
One of the spouses must invoke the divorce according to the causes established in Article 333 of the Civil Code.
This is processed by judicial means and the request is made before the competent Judge, so that later the marriage bond is declared dissolved by reason of having approved the grounds invoked to justify the divorce.
From the Divorce of Mutual Agreement the following are derived types of Divorce:
- The Divorce of Mutual Agreement by the judicial way.
- Divorce by Mutual Agreement by the municipal road.
- Also, the Divorce of Mutual Agreement by the via Notarial.
On the other hand, the Contentious or Causal divorce is carried out by the judicial way and the process is longer. For inquiries visit the web portal.
What is Divorce?
Divorce is the breaking of the marriage bond. Legally speaking, it is the final dissolution of the marriage contract declared judicially, after incurring in any of the causes that determine it.
According to this dissolution, the members that make up the couple must agree on the responsibilities that correspond to them.
After having all the information offered in the Requirements for Divorce in PeruYou can now start this difficult process or help a family member or friend who is going through this situation.
Visit GESTIONALO.NET Peru