How to get married / divorced
MARRIAGES
Our Consuls are not authorized to act as Civil Registry Officers to solemnize marriages, since it is not within their responsibilities.
Consequently, if the solemnization of the marriage did not take place in Chile, this must be registered at the Consulate of Chile in order to be legal in our country.
For the registration of a marriage celebrated overseas, both spouses must appear at the respective Consulate of Chile, with their valid identity documents and the Marriage Certificate duly legalizedby the authority in the place where it was celebrated.
In this act, spouses must choose the matrimonial regime, that is, between separate or shared property ownership. If not stated, it is understood that the separate property ownership was chosen. If one of the bridegrooms has already died, a duly legalized Death Certificate must be submitted for the registration of the marriage.
The documentation is sent by our Consular Representation to the Civil Registry Department of this State Secretariat which, in turn, sends it to the Civil Registry and Identification Service for its registration, as the competent organism on this matter. The cost of this procedure depends on each Consular Representation and the process lasts approximately six months.
The marriage may be solemnized by an agent specially authorized, that is to say, with a special power to celebrate this act.
DIVORCE IN THE CASE OF CHILEAN CITIZENS
Divorce is contemplated in the Legal Code of our country since the enactment of the Law Nº 19.947, from May 17, 2004, and came into force on October 17, 2004.
Since then, the following marital statuses exist: married, separated, divorced and widow(er).
Only the marital statuses of widow(er) and divorced allows the celebration of a new marriage.
Request for divorce in Chile
If you are located in Chile the divorce must be requested before the Family Court and may be on ground of common consent or not. In both cases, it requires the assistance of a lawyer licensed to practice law.
On grounds of common consent: ceasing of coexistence for more than a year, an agreement by public deed regulating mutual relations and regarding the children.
If there is no agreement between the parties, the absence of coexistence must be accredited within a period of three years. A contradictory trial must be held (due to the absence of common agreement), establishing economic compensations; the resolution may be subject to mediation.
Divorce overseas
Chilean nationals residing overseas and wishing to get a divorce must comply with the local regulations of the country of residence.
Upon existing sentences of divorce passed by foreign courts, to be valid in Chile the procedure called Exequatur(standardization of foreign sentences) must be followed.
The divorce sentences enacted by foreign courts will have the same power as if had been … by Chilean courts, pursuant to the requirements established by law aforementioned.
Procedure for a divorce sentence min Chile passed overseas
The Exequatur request, with its founding documents, must be submitted by a Lawyer qualified by the practice of his profession before the Supreme Court Secretariat, ………………..its study to a courtroom Of the same court.
The first resolution passed by the court is that the party against whiche …the sentence must be notified by means of an exhort, document issued by the supreme court indicating the notification to the person overseas before the relevant authority where located.
