Family
Family Code jurisdiction with same-sex marriage since 2020
The Family Code governs marriage, divorce, filiation and support, and specialised family courts hear these matters. Same-sex marriage became lawful on 26 May 2020, following the Inter-American Court's advisory opinion OC-24/17 and a Sala Constitucional ruling giving the legislature a deadline.
Key rules
- Divorce is available by mutual consent or on listed grounds; separation for over two years suffices.
- The default regime is deferred community of assets acquired during marriage (gananciales).
- Unión de hecho between cohabitants of three years' standing produces property and support rights on registration.
- Child support is set by reference to statutory percentages of income and enforced through the pensiones alimentarias courts, with arrest available for arrears.
- Adoption is processed through PANI, the national child-welfare agency.
Governing law
- Código de Familia (Ley 5476)Marriage, divorce, filiation, support.
- Ley de Pensiones Alimentarias (Ley 7654)Maintenance enforcement.
- Ley contra la Violencia Doméstica (Ley 7586)Protection orders.
In practice
Maintenance arrears can lead to detention, which makes these among the most actively enforced orders in the system. Foreign divorce decrees need apostille and homologation before remarriage is registered.