Divorce and Chile When a Spouse Lives Abroad: Divorcing in Chile or Recognizing a Foreign Divorce

Divorcing in Chile

Divorce is handled by a family court. There are three types: by mutual agreement (more than one year of separation and a complete and sufficient agreement), unilateral (three years of separation if only one party asks) or fault-based (Law 19.947, art. 55). A person living abroad can be represented by their lawyer with a valid power of attorney; see how to grant it from another country. Compensation can also be claimed if, because of caring for the children or the home, one spouse worked less or not at all (Law 19.947, arts. 61 to 66); the judge decides whether it applies and the amount, or the spouses agree with court approval.

If you already divorced abroad: exequatur

A divorce judgment issued abroad is not automatically valid in Chile: it must be recognized through exequatur before the Supreme Court, which may reject the request (Code of Civil Procedure, arts. 242 to 251; Law 19.947, art. 83). If you lived in Chile in recent years and plan to divorce abroad, it is wise to assess it with a lawyer first. The procedure:

A marriage celebrated abroad

• Chilean law recognizes a marriage celebrated abroad under local law (Law 19.947, art. 80).
• To have it recorded in Chile, the marriage is registered at the Civil Registry or, if you live abroad, at a consulate, with the original certificate apostilled and a translation if it is not in Spanish (ChileAtiende, entry 111056; entry 2404; Law 4.808, art. 4 No. 3). The Foreign Ministry states that registration is the way for the marriage to produce legal effects in Chile (Chilean Consulate in Barcelona).
• If registered without both spouses' agreement, the regime is separation of property; to choose another regime both spouses must appear (same entries).

Serving a spouse who lives abroad

Service abroad is handled by letter rogatory, issued by the Supreme Court (Code of Civil Procedure, art. 76; Foreign Ministry). The OAS lists the Supreme Court's International Affairs and Human Rights Directorate as Chile's Central Authority for the Inter-American Convention on Letters Rogatory; if the other party's country is also a party, the letter follows that route. Timelines depend on the country.

What we do not claim

• Which Chilean court hears the divorce when the other party lives abroad. The law says the court of the defendant's domicile (Law 19.947, art. 87), but we could not confirm in official sources what happens if the defendant has no domicile in Chile.
• The exact Civil Registry procedure to record a foreign divorce once exequatur is granted: we found no official entry describing it.
• Whether registering the marriage is a prior requirement to file for divorce: we found no rule that says so expressly; consult the lawyer before starting the case.

What to prepare before your first consultation

• marriage certificate (apostilled if celebrated abroad) and the children's birth certificates;
• where and when each spouse lived during the last five years;
• if a divorce judgment or proceeding exists in another country: a copy, translation and date;
• the other party's contact details and whether there is agreement on children, support and property.

Frequently asked questions

Official sources consulted

Spanish terms you will see