A marriage is not easy. Many times, situations unrelated to both parts of the couple cause them to have to separate, and in fact when this happens, the best thing that both can do is choose to go their own way.
Because of this, in the following article we are going to teach you everything you need to know to get your certificate of cessation of cohabitation, so that if you need to separate from your partner for any reason, they can carry out the process as quickly and peacefully as possible.
What is the certificate of cessation of coexistence?
In case you do not know what a certificate of cessation of cohabitation is and what its functions are, Below we will explain its definition and all its characteristics, so that you can identify whether or not obtaining this certificate applies to your case.
This way, The certificate of cessation of cohabitation is an act that officially records that a couple is no longer living together. Through this document, the couple specifies precisely the date the cohabitation ended.
This certificate is issued because the New Chilean Civil Marriage Law so requests, and in view of the fact that this law is in charge of regulating the de facto separation of couples, it becomes an essential requirement to obtain the certificate of cessation of cohabitation to obtain divorce or legal separation.
Types of minutes
There are several types of records according to the way in which it is requested and the way in which the cessation of cohabitation is notified.
Also, It is important to clarify that the date that is placed in the certificate or act is the one in which one spouse notifies the other of the abandonment of the shared residence.
The notification of this certificate is made through the courts dedicated to families, and therefore the responsibility falls exclusively on the spouse who signs the act.
In this way, the three types of existing certificates of cessation of cohabitation are the following:
- AC-1: This is issued when the cessation of cohabitation is requested by both spouses, that is, both go to court.
- AC-2: It is an act that is issued when only one of the spouses requests the cessation of cohabitation before the pertinent authorities.
- AC-3: In this case, both spouses are present for the act, but it is not known as cessation of cohabitation, but rather as a resumption of life together.
Why do I need the cessation of cohabitation?
Because Through this document, couples can leave a legal record of the moment they stopped living together as a couple, and this is necessary when filing a divorce.
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When does the time for the cessation of cohabitation begin?
It is very important to pay attention to this section of the article, because In Chile, a couple cannot file for divorce just like that.
They must first meet a certain amount of time without living together in order to apply for legal separation.
This way, What determines when you can opt for a divorce is the certificate of cessation of cohabitation, because from its date of issue the required time begins to run.
The amount of time needed varies according to the type of certificate of cessation of cohabitation that was requested, Therefore, below we leave you the specifications of all the cases so that you can take into account the characteristics of your particular case.
- By mutual agreement: When the cessation of cohabitation is of this type, the time begins to be counted from the moment in which both spouses go to the civil registry and request the issuance of the document.
- Unilateral: when the cessation of cohabitation meets these characteristics, the time is counted from the moment in which the individual approached the courts and requested that their spouse be informed about the cessation of cohabitation.
Taking into account these examples that we mentioned, it is important that they apply for the certificate of cessation of cohabitation as soon as possible after the couple separates, so that the waiting time is short and they can file for divorce.
How to get it?
Get the The cessation of cohabitation document is actually a very simple procedure that does not take much time. The real problem lies in filing for it as soon as possible so that you don’t have to wait any longer than necessary to file for divorce.
Below we will show you all the requirements and the steps to follow to obtain this certificate, so that you can do it as soon as possible and do not have any problems later with your partner or with the progress of the separation.
Requirements
Being such a simple procedure, the documentation requested to carry it out does not usually cause many problems. In this way, the only requirements that you must present are the following:
- Identity card. It must be in good condition and current.
- Address where you are currently living.
- Address where your spouse is currently living.
Steps to follow
With the aforementioned requirements, you can go to any registry or online and request your certificate of cessation of cohabitation. Below we leave you the steps to do it both ways, so that you decide which one is more comfortable for you and best suits your needs.
If you want to carry out the procedure in the offices, the steps are as follows:
- Ensure possession of all requirements.
- Go to the nearest Civil Registry and Identification Service office.
- Explain in the office what is the reason for the visit. In this case, you mention that you are going to request your certificate of cessation of cohabitation.
- Deliver the identity card and indicate the requested addresses.
- Once all the steps are completed, the certificate will arrive via email immediately.
On the other hand, if you want to carry out the procedure through the website, the steps are as follows:
- Enter the official page of the Civil Registry of Chile.
- Click where it says “marriage”.
- Click on the «report cessation of cohabitation» button.
- Enter the RUN and the unique password. If it is the first time, request your unique password.
- Check that all the data is correct, and then click on «continue».
- Once all the steps are completed, your certificate of cessation of cohabitation will reach you via email immediately.
Frequent questions
Now we leave you here some of the most common doubts among applicants for this certificate, so that if your doubt is among them you can solve it.
Does the procedure have any cost?
No. It is a completely free procedure.
What happens if the spouse is not found?
In the event that the registry cannot directly locate your spouse, an update will be published in the Diario de Chile, and with this it is considered that he or she was informed of the request for the cessation of cohabitation.
Is the termination of cohabitation retroactive?
No, it is not. If the couple requests the certificate of the cessation of cohabitation a long time after having separated, the time will still start counting at from the document request.
Can I get divorced without the cessation of cohabitation? .
If this possibility exists, through the evidentiary law. However, it is a much more cumbersome procedure that we do not recommend, it is better that you go to the registry for your certificate.
As we have seen, it is very important to obtain this certificate if you want to opt for a divorce in the territory of Chile. For this reason, if you find yourself in a situation of separation with your partner, we recommend that you use all the information provided and request your certificate of cessation of cohabitation as soon as possible.
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