The National Supervision of Public Registers (Sunarp) announced that in the first semester of 2022 a total of 5184 divorces in Peru. This number exceeds the figures reported during the year 2019 and 2021.
When one or both spouses decide to end their marriage, there Lots of doubts regarding the divorce process.
One of the most common is the time they have to wait to start said process.
However, the waiting time assumption should not be confused with counting from the day of marriage and the weather How long will it take the separation process.
These are two very different things, which we’ll explain below.
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How long should I wait after my wedding day?
If we talk about divorce by mutual consent, the Peruvian norm says at least that two years from the celebration of the civil marriage.
The specified procedure can be carried out through notarial or municipal means, explains lawyer Pável Araujo Hurtado.
The specialist emphasizes that two years must have passed since the marriage, if there are no children minors, if there are children you have to wait at least four years.
How long does the process take?
The divorce process can take from several months to several years, it is difficult to determine how long these steps will take in your particular case.
In general, while the more the couple cooperates and the parties make reasonable concessions, the easier and faster the divorce process will be.
What is the procedure for quick divorce?
In order for this process to be fast, there is an essential requirement: it must be by mutual agreement
The couple must go to the municipality where they entered into a civil marriage to familiarize themselves with the requirements.
It should be noted that not all municipalities can carry out this procedure, only those accredited in the Register of Accredited Municipalities by the Ministry of Justice. You can check it out here.
This procedure is carried out in two stages:
- Municipal Conventional Division: the pair gets the status of “Separated”.
- Municipal subsequent divorce: This procedure can be done in person. Eventually, the marriage breaks down and the marital status varies “divorced”.
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Divorce in the Municipality
To obtain the conventional division into a provincial or district municipality, there are a number of general requirements:
- The general terms and conditions are:
- The couple must have been married for at least 2 years.
- Spouses must declare their desire for separation to the mayor by submitting an application specified by the municipality.
- Present an original and a copy of the identity documents of the spouses.
- A certified copy of a certificate or certificate of civil marriage, issued in the previous 3 months.
- In the case of marital residence, some municipalities certify this with the DNI address, while others require an affidavit from the spouses.
- If there are no children, file an affidavit. For minor children, a copy of the birth certificate and the settlement agreement or judgment regarding parental rights, food, possession and visitation must be submitted. If there are adult children with disabilities, a copy of the birth certificate and the reconciliation certificate or the decision on guardianship, maintenance, visitation or guardianship shall be submitted.
- If there are no common assets (subject to community property), send an affidavit. Otherwise, present the certificate registered in the public registers for division of inheritance or the certificate for replacement or liquidation of the inheritance regime.
- Provide proof of payment for the procedure fee. The amount varies by municipality.
Divorce at a notary
In order to terminate the marriage relationship at a notary, a number of requirements must be met:
- Be married for at least two years.
- Express will of both spouses.
- If you have minor children, you must submit the settlement document or judgment regarding custody, possession, support, and visitation.
Divorce in the court system
If the couple has conflicts and does not reach an agreement to end their marital relationship, one of the spouses can file a contested divorce case in the court of law if any of the following reasons arise:
- Physical or psychological abuse
- leaving home
- dishonest behavior
- habitual drug use
- Imprisonment for more than two years
- By the way.
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