Before we start the divorce process, we must know the Divorce procedures and requirements in Peru money next
So we’ll tell you how.
Usually, when couples get married, divorce is a long way off, but like many life processes, it is considered one of the most complex.
Because two people by mutual agreement must try to share their lives daily, creating a new independent family in turn.
In this sense, the divorce as the dissolution of marriage, that is, it is the end of the conjugal union, which results in the structural and emotional reorganization of the children, if any, and which with agreements can be the most positive process.
There are several requirements, which vary according to the type of divorce being handled.
Don’t forget to keep in mind that in Peru there are two types of divorce; the first is for mutual agreement, and the second is the divorce for just cause or without agreement. The latter must be treated in court.
In the same vein, divorce in Peru is classified as: divorce by mutual consent, municipal divorce, notarized divorce and casual divorce.
By mutual agreement
This divorce is regulated by Law 29.227 and for its effectiveness, the following requirements must be met:
- The desire to divorce both spouses.
- I have been married for at least two years.
- Divorce request that indicates that they want it by mutual agreement, which must be addressed to the Family Court of the last conjugal domicile, signed by both spouses and previously authorized by a lawyer.
- Wedding certificate.
- Judicial fee.
- Simple copy of the spouses’ identity documents.
- Document proving the convention held on matters of food, goods and parental responsibility for minors or the elderly in case of disability.
- Detailed inventory indicating the value of each of the assets acquired in the marital relationship, with the legal signature of both spouses.
- Birth certificate for each of the children.
We recommend this reading: «Steps and Requirements for Food Demand in Peru»
If they meet the requirements mentioned above, natural persons may appeal to a municipality previously authorized by the Ministry of Justice or, failing that, to a notary, so that, within about three months, the termination of the matrimonial bond is declared.
Municipal divorce in Peru is also known as quick divorce. There are general requirements for obtaining it, however, each municipality establishes details about the characteristics it must comply with at the time of submission, as well as the cost of the procedure.
- Both individuals’ disposition to divorce.
- Minimum two years of marriage.
- Document with which the Mayor is asked to separate, where the names and surnames must be indicated, RG, the last marital address (signature and fingerprint of both).
If any spouse is unable to sign due to a disability of any kind, it must also appear on the letter and, instead of the signature, place the fingerprint.
- Simple copy of the identity document of both spouses.
- Certified copy of the marriage, with a maximum term of three months from issuance.
- Declaration of the last conjugal domicile, obligatorily signed by both spouses.
- Receipt of payment of the corresponding municipal tax.
- If there are no minor children, or adults with disabilities, a sworn letter from both persons must be drawn up, when indicated.
- On the other hand, if they have minor children, a birth certificate with a maximum of three months from issuance and, in addition, the final decision on food, possession and visitation must be recorded.
- If they have disabled children of legal age, a copy of the birth certificate with a maximum of three months of issuance, the maintenance contract, visits and a certified copy of the final court decisions declaring the oldest child’s disability must be attached and appoint your curator.
- If they do not have assets, they must present a sworn statement with the signatures and fingerprints of each of the spouses, indicating the absence of assets in the conjugal union.
- On the other hand, in the case of possessing goods acquired at the wedding, the declaration of request for the replacement of the regime by the common good by the separation of the goods in the respective public records must be submitted.
Notarial divorce is one of the procedures for the separation of two people united in marriage, which is characterized by no litigation. Law No. 29227, known as the Fast Divorce Law, because in approximately three months the process is finished.
The requirements for your registration are as follows:
- The decision to separate both spouses.
- At least two years have passed since the act.
- The document addressed to the Notary, where the separation decision and the notarial divorce request is clearly expressed, must be signed by each of the spouses, as well as by a lawyer who authorizes the said document.
- Simple copy of the DNI of each individual.
- Marriage certificate with an issuance term of less than three months.
- Declaration of not having minor children and, in case of having them, register the birth certificate and the agreement on food, possession and visitation.
- Birth certificate for children less than three months old.
- Declaration of the last marital address.
- Document indicating the goods purchased at the wedding, if you do not have them, please indicate.
- Ask a lawyer to represent you at the separation hearing.
Causal divorce is one that It is caused by the causes indicated in the law, which mostly refer to the violation of the duties and obligations generated by the marriage with each spouse, among them we can mention; infidelity, assistance, coexistence, respect, physical and psychological integrity, among others.
In this order of ideas, the causal divorce is declared only by the judicial authority by way of sentence.
The requirements to carry out a causal divorce, are as follows:
- That there is one of the twelve grounds for divorce established by law.
- Let the cause of the divorce be proven.
- It is recommended that the lawyer specializing in family matters check that the case is not overdue, as if this happens, the right to request a divorce is lost.
- Wedding certificate.
- Children’s birth certificate.
- Simple copy of the requesting spouse’s DNI.
- Documents proving the acquisition of goods at the wedding.
It is important to keep in mind before starting the causal divorce process, that This procedure requires evidence to prove the cause which leads the applicant spouse to obtain a divorce, and in turn, that it is necessary to have the guidance of a expert lawyer on family matters to guide the process.
Cost of divorce in Peru
Starting the divorce process is not only an emotional issue, but also an administrative one, because it must be done efficiently so that time and money can be used appropriately.
- Divorce by mutual agreement; It can cost between 130 and 190 Soles approximately.
- Notarial and Municipal Divorce; The procedure can cost between 2,000 and 2,500 soles.
- Causal Divorce; Its cost varies between 130 and 190 Soles approximately, however, if one of the spouses appeals to the divorce, the cost increases around 200 Soles, which will depend on the fees that are canceled in relation to the filed appeal.
Finally, remember that divorce is not only a sentimental process, but also an economic one, as there are several procedures, charges that require the expression of the quantity of goods that were acquired in the marriage.
Therefore, before starting the divorce process, you must know the Divorce procedures and requirements in Peru, while hiring a lawyer specializing in family matters.
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