Unilateral Divorce in Chile: Requirements & Steps

What a unilateral divorce is

The Civil Marriage Law does not use the words “unilateral” or “bilateral”; they are the names by which the divorce routes based on cessation of cohabitation are known. The unilateral divorce is requested by only one of the spouses; the so-called bilateral divorce is divorce by mutual agreement (de común acuerdo), which both request. Either spouse may file for divorce, except on the ground of fault, which belongs only to the spouse who did not give rise to it (art. 56). Divorce ends the marriage without affecting filiation already established (art. 53).

Art. 55 (courtesy translation): “Divorce shall also be granted when an effective cessation of marital cohabitation has been verified for at least three years, unless, at the request of the defendant, the judge verifies that the plaintiff, during the cessation of cohabitation, has repeatedly failed to meet his or her support obligation toward the defendant spouse and the common children, despite being able to do so.” (Law 19.947; Official Gazette of May 17, 2004, in Spanish)

Requirements of a unilateral divorce

Effective cessation of cohabitation of at least three years (art. 55; also ChileAtiende, Judicial Assistance Corporation and ChileAtiende, Civil Registry).
Certain date (fecha cierta) of the cessation. The cessation is not deemed to have occurred before the dates referred to in arts. 22 and 25 (art. 55). Illustrative example: if it is recorded with a certain date on January 15, 2023, the three years are completed from January 15, 2026.
No resumption of life together. Resumption with the intention of staying together interrupts the counting of the periods (art. 55).
No consent of the other spouse. Art. 55 requires attaching a complete and sufficient agreement only in divorce by mutual agreement; in the unilateral divorce, according to BCN Ley Fácil, mutual relations, the children and property are regulated in the trial.
Support rule. If the defendant requests it and the judge verifies that the plaintiff repeatedly failed to pay support despite being able to, the divorce for cessation is not granted under art. 55 (BCN Ley Fácil summarizes it the same way).
A lawyer (abogado patrocinante), unless the judge grants an exemption for well-founded reasons (Law 19.968, art. 18).

How the cessation of cohabitation is proven

For marriages celebrated since Law 19.947 came into force (November 17, 2004, according to BCN Ley Fácil), the certain date of the cessation results from:

Public deed or notarized minute before a notary (escritura pública o acta protocolizada)

Art. 22 letter a.

Minute before a Civil Registry officer

Art. 22 letter b.

Court-approved settlement (transacción)

Art. 22 letter c.

Notification of a claim under art. 23

On support, family property, property regime or relations with the children: the certain date runs from the notification (art. 25).

If the other spouse signs nothing: there is a certain date when one of them expresses the will to end cohabitation by public deed, notarial minute or Civil Registry minute, or records that intention before the relevant court, and the other spouse is notified (Law 19.947, art. 25; Official Gazette). The Civil Registry reports that, in a unilateral cessation (minute AC-2), the date is the day of notification, that it is made by the competent Family Court and that it is the responsibility of the person requesting the procedure (ChileAtiende, entry 3367).

Marriages before November 2004: the limitations of arts. 22 and 25 for proving the cessation do not apply, but the judge may find that it was not proven if full conviction is not reached (art. 2 transitional; Law 19.947; Official Gazette; BCN Ley Fácil).

Unilateral divorce and divorce by mutual agreement (“bilateral”)

Aspect	Unilateral	Mutual agreement (“bilateral”)
Who requests it	One of the spouses	Both spouses
Cessation of cohabitation	At least three years	More than one year
Complete and sufficient agreement (acuerdo completo y suficiente)	Not required to be attached	Required to be attached
Plaintiff's support rule	Can prevent the divorce if the defendant requests it and the judge verifies it	Does not apply
Certain date of the cessation (fecha cierta)	Required	Required

The agreement is complete if it regulates all the matters of art. 21 (mutual relations, support and property regime; and, with children, support, personal care and direct and regular contact) and sufficient if it protects the best interests of the children, seeks to reduce the economic harm of the breakdown and establishes equitable relations for the future (arts. 21 and 55). There is also divorce for fault (divorcio por culpa), with no cessation period.

Step-by-step procedure

Give the cessation a certain date

If it is not yet recorded, by one of the instruments of arts. 22 and 25. The Judicial Assistance Corporation (Corporación de Asistencia Judicial) asks for the cessation-of-cohabitation minute, by mutual agreement or notified to the other spouse, for marriages celebrated after the law came into force (entry 316).

Prior mediation, if applicable

Cases on support, personal care and direct and regular contact, “even when they must be dealt with within a divorce action,” must go through mediation before the claim (Law 19.968, art. 106; BCN Ley Fácil; Ministry of Justice). Art. 106 does not require it in the cases of art. 54 of Law 19.947 (divorce for fault) and exempts a person who proves that they already submitted the same conflict to mediation before a registered mediator or that there is a private agreement; nor are matters submitted to mediation where a party was convicted of domestic violence or has entries in the special register for assaulting the other, or those with a precautionary or protective measure in force between the parties. Attempting it is mandatory; attending and agreeing are voluntary. In these cases the claim must attach a certificate proving compliance with art. 106 (Law 19.968, art. 57).

File the claim

Family courts hear divorce actions (art. 8 No. 15); the court of the defendant's domicile is competent (Law 19.947, art. 87). The Judiciary reports that it is filed all year round on its website, with ClaveÚnica (the government's online login), through the Virtual Judicial Office (Oficina Judicial Virtual), or in person at the courts (entry 27927). The Judicial Assistance Corporation gives free guidance to individuals and may act as sponsoring counsel after a socioeconomic assessment; it states that without the other spouse's address the divorce cannot be started (entry 316).

Admissibility and hearings

The court checks admissibility and may order formal defects to be corrected (art. 54-1). Actions on support, personal care and direct and regular contact that have not previously been filed must be brought together with the divorce claim or by counterclaim (Law 19.947, art. 89). At the preparatory hearing the judge must urge conciliation (art. 67); the proceeding is confidential unless a reasoned decision says otherwise (art. 86).

Judgment and annotation (subinscripción)

The divorce takes effect between the spouses once the judgment becomes final (ejecutoriada); it must be recorded by marginal annotation on the marriage entry and, once that is done, it can be enforced against third parties and the person acquires the civil status of divorced and may remarry (art. 59; Official Gazette; BCN Ley Fácil).

Documents requested by the Judicial Assistance Corporation: marriage certificate, the children's birth certificates, the cessation minute, a list of at least three adult witnesses on the cessation and non-resumption, documents on support, direct and regular contact and personal care, and the details of both spouses (entry 316). Each case may require other documents.

Economic compensation

A person who, because of caring for the children or the common home, could not work for pay or did so less than they could and wanted to, has the right to be compensated for the economic harm suffered when the divorce occurs (compensación económica) (art. 61; Official Gazette; BCN Ley Fácil).

If you live or married outside Chile

A marriage celebrated in a foreign country, in accordance with that country's laws, produces the same effects in Chile as if it had been celebrated in Chilean territory (Law 19.947, art. 80), and the divorce is governed by the law applicable to the marital relationship at the time the action is filed (art. 83; Official Gazette).

publicIf you live outside Chile

These existing guides cover related situations:

What I do not claim

Duration and costs. I give no timeframes or figures. BCN Ley Fácil states that the duration varies and depends on the court's workload, on how quickly the defendant is found and notified, and on what is disputed (BCN Ley Fácil).
Outcome. I cannot assure that the divorce will be granted; it depends on the proof of the cessation, on the support rule and on each case.
Court if the defendant has no domicile in Chile. The law says the court of the defendant's domicile is competent (art. 87); I could not confirm in official sources what happens if the defendant has none.

Frequently asked questions

Can I get divorced if my spouse does not want to?

Yes, through the unilateral route: the law allows divorce when there is an effective cessation of cohabitation (cese de convivencia) of at least three years, with a certain date (fecha cierta), without requiring the other spouse's consent (arts. 22, 25 and 55 of Law 19.947). At the defendant's request, the judge also checks the rule on the plaintiff's repeated failure to pay support (art. 55).

How many years of separation are needed for a unilateral divorce?

At least three years of effective cessation of cohabitation, counted from the certain date of the cessation. In divorce by mutual agreement the period is more than one year. Resuming life together with the intention of staying together interrupts the counting of the periods (art. 55 of Law 19.947).

What is the difference between unilateral and bilateral divorce?

“Bilateral” is not a legal term; it is used for divorce by mutual agreement (de común acuerdo), which both spouses request and which requires more than one year of cessation and a complete and sufficient agreement (acuerdo completo y suficiente) on their mutual relations and on the children. The unilateral divorce is requested by one spouse alone, requires at least three years of cessation and does not require attaching that agreement (art. 55 of Law 19.947).

How is the cessation of cohabitation proven?

For marriages celebrated since Law 19.947 came into force, by public deed or notarized minute (escritura pública o acta protocolizada) before a notary, a minute before a Civil Registry officer, or a court-approved settlement (art. 22). If only one spouse expresses their will to end cohabitation by those means, or records it before the court, the certain date runs from when the other spouse is notified (art. 25).

Where is the claim filed, and do I need a lawyer?

Before the court with jurisdiction over family matters at the defendant's domicile (Law 19.947, art. 87; Law 19.968, art. 8 No. 15). The parties must appear represented by a lawyer, unless the judge exempts them for well-founded reasons (Law 19.968, art. 18). According to the Judiciary, the claim is filed on its website, with ClaveÚnica, or in person at the courts.

Can a unilateral divorce be denied?

The law contains one rule: if the defendant requests it and the judge verifies that, during the cessation, the plaintiff has repeatedly failed to meet the support obligation toward the defendant spouse and the common children, despite being able to do so, there is no divorce for cessation of cohabitation under art. 55 of Law 19.947. Each case must be assessed individually.

When am I legally divorced?

The divorce takes effect between the spouses once the judgment becomes final (ejecutoriada). It must be recorded by marginal annotation (subinscripción) on the marriage entry; once annotated, it can be enforced against third parties and the spouses acquire the civil status of divorced persons, and may remarry (art. 59 of Law 19.947).

Official sources consulted

Laws and entries cited

Verified on October 7, 2026. General information; it does not replace advice on a specific case. Chilean sources are in Spanish; translations are courtesy translations.

Law 19.947 on Civil Marriage, arts. 21 to 25, 53 to 56, 59, 61, 64, 67, 80, 83, 86, 87, 89 and art. 2 transitional. Library of the National Congress (current text consulted on October 7, 2026).
Law 19.968 creating the Family Courts, arts. 8 No. 15, 18, 54-1, 57 and 106. Library of the National Congress.
Official Gazette No. 37.862 of May 17, 2004: original publication of Law 19.947 (arts. 22, 25, 53, 55, 59, 61, 83, 86, 87, 89 and 2 transitional, in their original text).
BCN Ley Fácil: Divorce, Family mediation and Family courts.
ChileAtiende: entry 316 (Judicial Assistance Corporation: legal advice for divorce), entry 3367 (Civil Registry and Identification Service: cessation-of-cohabitation report), entry 27927 (Judiciary: filing a family-law claim) and entry 2344 (Ministry of Justice and Human Rights: mandatory prior family mediation).

Unilateral Divorce in Chile: Requirements and Procedure

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