Family
Código Civil marriage with de facto unions after four years
Marriage is governed by the Código Civil and Ley 1/1992 on the spouses' equal rights, which reformed the marital property regime. A unión de hecho between a man and a woman acquires marriage-equivalent effects after four years of stable cohabitation. Same-sex marriage is not recognised. Divorce was legalised in 1991 by Ley 45.
Key rules
- Jurisdiction — National substantive law applied by civil and children's courts
- Deadline — De facto union: marriage-equivalent effects after four years
- Deadline — Divorce by mutual consent: available after the statutory period of separation
Governing law
- Código Civil Paraguayo
- Ley 45/1991 - Divorcio Vincular
- Ley 1680/2001 - Código de la Niñez y la Adolescencia
In practice
Paraguay legalised divorce comparatively late, in 1991, and Ley 1/1992 was the instrument that finally removed the husband's legal authority over the marital property and the wife's capacity. The Código de la Niñez created specialised children's courts and the CODENI municipal counselling offices, which handle maintenance and protection matters at local level.