¿Cómo solicitar el certificado de cese de convivencia en Chile?
A wedding is not easy. Often, situations outside of both parts of the couple cause them to separate, and in fact when it does, the best they can do is choose to go their own way.
So in the following article we’ll teach you everything you need to know to get your certificate of cessation of coexistence, so that if you need to separate from your partner for any situation, he can carry out the process as quickly and peacefully as possible.
What is the certificate of termination of coexistence?
If you don’t know what a coexistence termination certificate is and what its functions are, below we will explain its definition and all its characteristics, so that you can identify whether obtaining this certificate applies to you or not.
In this way, the certificate of cessation of cohabitation is the act that officially declares that the couple is no longer living together. Through this document, the couple specifies exactly when the cohabitation ended.
This certificate It is issued because the New Civil Marriage Law of Chile requires it, and bearing in mind that this law is in charge of regulating the de facto separation of couples, it is an indispensable requirement to obtain a certificate of cessation of coexistence for obtaining a divorce or legal separation.
There are several types of minutes according to the way it is requested and the way the cessation of coexistence is notified.
Further, It is important to clarify that the date on the certificate is the date on which one spouse notifies the other of the abandonment of the shared residence.
The notification of this certificate is made through the courts dedicated to families, therefore the responsibility rests exclusively with the spouse who signs the act.
Accordingly, the three types of existing coexistence termination certificates are as follows:
- AC-1: This is issued when the termination of coexistence is requested by both spouses, that is, both appeal to the courts.
- AC-2: It is the act that takes place when only one of the spouses requests the cessation of coexistence before the competent authorities.
- AC-3: in this case, both spouses are present for the act, but it is not known as a cessation of coexistence, but as a resumption of life together.
Why do I need to stop coexistence?
Because Through this document, couples can leave a legal record of when they stopped living together as a couple, and this is necessary for divorce.
The certificate of termination of cohabitation is considered proof during the divorce application, either unilaterally or by mutual agreement, therefore, it is a fundamental requirement that couples acquire this document if they want the divorce to proceed as quickly and cleanly as possible
When does the coexistence cease time begin?
It is extremely important to pay attention to this section of the article, because in Chile, a couple cannot ask for a divorce like that.
They must first meet for a certain period of time without living together to request legal separation.
In this way, what determines when you can opt for a divorce is the certificate of termination of coexistence, since from the date of issue the required term begins to run.
The time required varies depending on the type of coexistence termination certificate that was requested, Therefore, we leave the specifications of all cases below so that you can take into account the characteristics of your particular case.
- By mutual agreement: When the cessation of coexistence ends this way, the time begins to count from the moment when both spouses go to the civil registry and request the issuance of the document.
- Unilateral: When the cessation of coexistence meets these characteristics, the time is counted from the moment the individual goes to the courts and requests that his / her spouse be informed about the cessation of coexistence.
For example, if the law says that to request a divorce by mutual agreement, it is necessary to have stopped living together a year ago, the time begins when the husband and wife go to the civil registry and request the document.
Another example that we can cite is the following: if the law establishes that in order to opt for unilateral divorce, it is necessary to have completed cohabitation three years ago, the counting time for those years will begin to count the moment it approaches the courts and demand that they notify your spouse that you have ordered the document.
Bearing in mind the examples we have mentioned, it is important that they apply for a cohabitation termination certificate as soon as possible after the separation of the couple, so that the waiting time is short and they may request a divorce.
How to achieve this?
Obtain the coexistence cessation document is actually a very simple procedure that does not take long. The real problem is to file for divorce as soon as possible, so that you don’t have to wait any longer than necessary to file for divorce.
Below we will show you all the requirements and the steps to follow to obtain this certificate, so that you can do it as soon as possible and have no problems afterwards with your partner or with the progress of the separation.
Because it is such a simple procedure, the documentation they request does not usually bring many problems. Thus, the only requirements you must present are as follows:
- ID card. It must be in good condition and updated.
- Address where you are currently living.
- Address where your spouse is currently living.
Steps to follow
With the above mentioned requirements, you can go to any notary or online and request your certificate of termination of coexistence. Here we leave you the steps to do it both ways, so you can decide which one is most comfortable for you and best suits your needs.
If you want to carry out the procedure in the offices, the steps are as follows:
- Ensure possession of all requirements.
- Go to the nearest office of the Civil Registration and Identification Service.
- Explain in the office the reason for the visit. In that case, you mention that you are going to request your certificate of termination of coexistence.
- Hand over your identity card and indicate the requested addresses.
- Once all steps are complete, the certificate will arrive via email immediately.
On the other hand, if you wish to carry out the procedure through the website, the steps are as follows:
- Access the official page of the Civil Registry of Chile.
- Click where it says «wedding».
- Click on the «Coexistence Termination Report» button.
- Enter the RUN and unique password. If this is your first time, ask for your unique password.
- Check that all information is correct and click «continue».
- Once all steps are complete, your certificate of termination of coexistence will reach you via email immediately.
We leave here some of the most common doubts among the applicants of this certificate, so that if your question is among them you can solve it.
Does the procedure cost anything?
No. It is a completely free procedure.
What happens if they can’t find a spouse?
In case the registry is unable to locate your spouse directly, an update will be published in the Diario de Chile, and it is considered that the spouse has been informed of the request to cease living together.
Is the cessation of cohabitation retroactive?
No, it’s not. If the couple requests the certificate of cessation of coexistence long after the separation, the same time will start counting from the request for the document.
Can I ask for a divorce without ceasing cohabitation? .
If there is such a possibility, through the evidence law. However, it is a much more complicated procedure that we do not recommend, it is better that you go to the registry to obtain your certificate.
As we have seen, it is very important to obtain this certificate if you wish to opt for a divorce in the territory of Chile. Therefore, if you are in a situation of separation from your partner, we recommend that you use all the information provided and request your certificate of cessation of coexistence As soon as possible.
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