Peru’s Speedy Divorce Law
An expedited or “speedy” divorce has been possible in Peru since 2008, when the country’s divorce law was changed. Like other catholic Latin American countries, the stigma of divorce is discouraging.
Peru maintains strong traditional values and regards marriage as both a religious and legal commitment. Marriage is thus permanently legally binding between a husband and wife, who are given rights and obligations governed by state law. Marriage may only be terminated by due legal process.
Significance
The change in the divorce law was made to help decrease spousal abuse. A female in Peru may now get a speedy divorce if the husband refuses to present himself or answer legal documents.
Opponents counter that the law promotes the breakup of the family. Peru has a long history of sexual discrimination against women; this is often felt most acutely within marriages.
Prior to the 2008 divorce law change, termination of marriages could only proceed on the basis of mutual agreement, psychological or physical abuse or proof of adultery.
Considerations
The quickest way to a divorce in Peru is if both parties are willing to sign the papers. Ending the marriage can now take as little as three months to complete. The process is most effective when couples can agree upon such issues as alimony, child custody and division of assets. If this is the case, seek your divorce from a qualified notary or municipality. This will ensure you do not need to go to a court to be granted your speedy divorce.
Considerations
Peruvian nationals and any foreign nationals who were married under Peruvian law will need to have been separated for more than two years to receive a speedy divorce. There is no stipulation on maintaining residency in the country during that period.
If your spouse does not contest your action, you can do everything by yourself. When there has been no contact between you and your spouse, after a two-year separation period the court will not require you to obtain any legal papers from them.
Complications
Children born to voidable or void marriages are typically considered legitimate as are children born to married couples. When children are involved this often leads to complications causing a lengthy time delay.
If you are involved in a particularly bitter and contested divorce and your marriage has produced children, the courts may require the legal process to take up to four years. This is because the court will need to resolve each individual area of disagreement and fully consider the needs of the child(ren).
Opposition
After the amendment to the divorce law, on Apr 1, 2008, the Catholic Church issued a statement via the Bishops’ Conference of Peru to condemn the new “rapid divorce.” The church continues to apply social pressure on married couples to stay within the marriage if at all possible.
Alternatives
An apostille is a notary public official.
If your marriage was legalized in Peru but you also have access to the United States, you may choose another alternative for quick divorce by filing your action in the United States.
Anyone who is able to obtain at least temporary residency in a U.S. state such as Nevada (which has liberal divorce laws) may also obtain a speedy divorce there. However, you must have resided in the United States for a minimum six-week period if you choose this alternative.
Thereafter, if you wish to legalize your divorce in Peru, you will need the services of an apostille. As your legal notary, the apostille will have to register your U.S. divorce with a Peruvian consular office on your behalf, because Peru is not a signatory of the 1961 Hague Convention.
Article Source: http://www.ehow.com/about_6511549_peru_s-speedy-divorce-law.html
Author-John O’Sullivan