Family
The 2009 Family Code with three matrimonial property regimes
The Family Code of 2009 lets spouses choose between statutory community, statutory separation and a contractual regime registered in a public register. Divorce may be by mutual consent or on breakdown, with fault relevant to costs and some ancillary questions.
Key rules
- Spouses may elect community, separation or a marriage contract, registered publicly.
- Divorce by mutual consent requires an agreement on children, housing and maintenance.
- Parental rights are allocated by the court, with joint arrangements possible by agreement.
- Same-sex marriage is constitutionally excluded and no partnership regime exists.
Governing law
- Family Code (2009)
- Civil Procedure Code (2007)Matrimonial proceedings.
- Child Protection Act (2000)
In practice
The chosen property regime is recorded in a searchable register, so a counterparty dealing with one spouse can and should check it before relying on a single signature.