Family
Equal marriage since 2022 after the 2015 civil union
Ley 21.400 opened marriage to same-sex couples from March 2022, building on the acuerdo de unión civil created by Ley 20.830 in 2015. Divorce has been available only since Ley 19.947 of 2004, which introduced it along with dedicated family courts. Divorce by mutual consent requires one year of separation; unilateral divorce requires three.
Key rules
- Jurisdiction — National, heard by specialised Tribunales de Familia
- Deadline — Joint divorce: one year of separation
- Deadline — Unilateral divorce: three years of separation
- Deadline — Compensación económica claimed within the divorce proceedings
Governing law
- Ley 19.947 - Ley de Matrimonio Civil
- Ley 20.830 - Acuerdo de Unión Civil
- Ley 21.400 - Matrimonio Igualitario
In practice
Chile was among the last countries in the region to legalise divorce, in 2004, and the separation periods still reflect that late and contested introduction. The compensación económica is a distinctive remedy compensating a spouse who could not develop paid work during the marriage because of childcare or household responsibilities, and is assessed on factors including marriage duration and employability.