Before starting to process a divorce, we must know the Procedures and Requirements for Divorce in Peru cash, on
uation we will tell you how.
Generally, when couples get married, divorce is far away, however, like many processes in life, this is considered one of the most complex.
Because two people through an agreement must try to share their lives on a daily basis, creating a new independent family.
In this sense, one can consider divorce as the dissolution of marriage, that is, it is the termination of the conjugal union, which results in the structural and emotional reorganization of the children, if any, and which with agreements may be the most positive process.
Divorce Requirements
There are various requirements which vary according to the type of divorce being treated.
Don’t forget to keep in mind that In Peru there are two types of divorce; the first is for mutual agreement, and the second is the divorce by cause or without agreement. The latter must necessarily be dealt with in court.
In the same order of ideas, divorce in Peru is classified into: mutual consent divorce, municipal divorce, notarial divorce, and accidental divorce.
By Mutual Agreement
This divorce is regulated by Law 29227 and in order to carry it out, the following requirements must be met:
- The will to divorce both spouses.
- Be married for at least two years.
- Divorce petition indicating that they wish to do so by mutual agreement, which must be addressed to the Family Judge of the last marital domicile, signed by both spouses and previously authorized by a lawyer.
- Marriage certificate.
- Court Fee.
- Simple copy of the identity documents of the spouses.
- Document evidencing the agreement made regarding food, property and parental authority of minor children or older children in case of being disabled.
- Detailed inventory indicating the value of each of the assets acquired during the marital relationship, with legalized signature of both spouses.
- Birth certificate of each of the children.
We recommend this reading: «Steps and Requirements for Food Demand in Peru»
If they meet the requirements mentioned above, individuals can appeal to a municipality previously authorized by the Ministry of Justice or, failing that, to a notary so that in a period of around three months, the marriage bond can be declared dissolved.
Municipal
Municipal divorce in Peru is also known as quick divorce. To obtain it, there are general requirements, however, each municipality establishes details about the characteristics that must be met at the time of submission, as well as the cost of the procedure.
- The will of both individuals to divorce.
- Two years minimum of marriage.
- Document with which the Mayor is requested to wish to separate, where the names and surnames, ID, the last marital address (signature and fingerprint of both) must be indicated.
In the event that one of the two spouses cannot sign due to disability of any kind, it must also be included in the letter and instead of the signature they must place the fingerprint.
- Simple copy of the identity document of both spouses.
- Certified copy of marriage, with a maximum of three months of issuance.
- Sworn statement of the last marital address, signed by both spouses.
- Receipt of payment of the corresponding municipal tax.
- In case of not having minor children, or adults with disabilities, an affidavit issued by both individuals must be made where they indicate it.
- On the other hand, if they have minor children, the birth certificate must be recorded with a maximum of three months of issuance and additionally the final judgment on food, possession and visitation.
- If you have children of legal age with disabilities, you must attach a copy of the birth certificate with a maximum of three months of issuance, the maintenance agreement, visits, and a certified copy of final court rulings that declare the disability of the eldest child and that name their curator.
- In the case of not owning assets, they must submit an affidavit with signatures and fingerprints of each of the spouses, indicating the lack of assets in the conjugal union.
- On the other hand, in case of possessing assets acquired within the marriage, the testimony requesting the replacement of the common property regime by the separation of property regime in the respective public registries must be submitted.
Notarial
The notarial divorce is one of the procedures to separate two individuals united in marriage, which is characterized by not having litigation, is provided for in the Law No. 29227, known as the Quick Divorce Lawbecause the process is completed in approximately three months.
The requirements for your application are the following:
- The separation decision of both spouses.
- At least two years have elapsed since the act.
- Document addressed to the Notary, where the decision to separate and requesting the notarial divorce is clearly expressed, must be signed by each of the spouses, as well as by a lawyer who authorizes said document.
- Simple copy of the DNI of each one of the individuals.
- Marriage certificate with an issuance time of less than three months.
- Affidavit of not having minor children, and in case of having them, record their birth certificates, and the agreement regarding food, possession and visitation.
- Birth certificate of children with less than three months of issuance.
- Affidavit of the last marital address.
- Document that indicates the assets acquired in the marriage, in case of not possessing them, indicate it.
- Have a lawyer represent them at the separation hearing.
Causal
A causal divorce is one that is caused by the causes indicated in the law, which are mostly referred to the breach of the duties and obligations that marriage generates for each of the spouses, among them we can name; infidelity, assistance, living together, respect, physical and psychological integrity among others.
In this order of ideas, the causal divorce is declared only by the judicial authority through a sentence.
The requirements to carry out a causal divorce, are the following:
- That there is one of the twelve grounds for divorce established by law.
- That the cause of divorce be proven.
- It is recommended that a lawyer specializing in family matters verify that the cause has not expired, because if this happens, the right to request a divorce is lost.
- Marriage certificate.
- Children’s birth certificate.
- Simple copy of the DNI of the applicant Spouse.
- Documents proving the acquisition of property within the marriage.
It is important to keep in mind before starting the causal divorce process, that This procedure requires evidence that proves the cause that leads the requesting spouse to obtain a divorce, and in turn, that it is necessary to have the guidance of a specialist lawyer in family matters to guide the process.
Divorce cost in Peru
Starting to process a divorce is not only an emotional issue, but also an administrative one, because it must be done efficiently in order to use time and money properly.
- Divorce by mutual agreement; It can cost between 130 and 190 Soles approximately.
- Notarial and Municipal Divorce; The procedure can have a cost between 2,000 and 2,500 Soles.
- Causal Divorce; Its cost is between 130 and 190 Soles approximately, however, if one of the spouses appeals the divorce claim, the cost increases around 200 Soles, which will depend on the fees that are canceled with respect to the appeal filed.
Finally, remember that divorce is not only a sentimental process but also an economic one, since there are various procedures and precautions that require expressing the amount of assets that were acquired in the marriage.
Therefore, before starting the divorce process, you should know the Procedures and Requirements for Divorce in Peruat the same time as hiring a lawyer specializing in family matters.
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