Family
Egalitarian marriage since 2010 and no-fault divorce since 2015
Argentina legalised same-sex marriage in 2010 under Ley 26.618, the first country in Latin America to do so. The 2015 Código Civil y Comercial abolished fault-based divorce entirely: either spouse may petition unilaterally with no waiting period and no need to allege grounds. Parental responsibility is shared by default, and the Code introduced compensatory economic allowances on divorce.
Key rules
- Jurisdiction — Federal substantive law applied by provincial family courts
- Deadline — Divorce: no separation period required; granted on petition
- Deadline — Compensatory allowance claim: six months from the divorce decree
Governing law
- Código Civil y Comercial de la Nación, Book Twofamily relations
- Ley 26.618 - Matrimonio Igualitario
- Ley 26.743 - Gender Identity
In practice
The removal of fault grounds was a deliberate policy choice to take moral adjudication out of divorce; the court's role is limited to resolving the consequences through a proposed settlement covering property, housing and children. Ley 26.743 on gender identity permits a change of registered sex and name by administrative declaration, without judicial authorisation or medical certification.