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 - Published: Thursday, February 6, 2020- Deputies give initial approve for
speed divorce process
By the A.M. Costa Rica staff Married couples who declare their incompatibility may request a divorce after six months of marriage, according to a bill headed for approval in the legislature. Wednesday the congress approved in the first round of voting, bill No. 20,406 that changes the causes for divorce in Costa Rica. The bill will change law No. 5476, the so-called Family Code, to give more autonomy in the divorce process. "The change was approved after a long discussion by the deputies, in which they analyzed the possibility that the deadline for divorce was six months or a year," said the congress in its statement. "They decided that marriage can be dissolved after six months." Another change will be the right to file for divorce by any of the spouses. In the current, divorce in Costa Rica can be requested with eight causes: - Adultery. -The attack on the life of the spouse or children. - The attempt to prostitute or corrupt the other spouse or the children. - Physical or psychological abuse. - Judicial separation for a term greater than one year. - The absence of the legally declared spouse. - The separation in fact for a term not less than three years. - And the mutual consent of both spouses. In the case of mutual consent, the divorce could not be requested only by one of the spouses against the wishes of the partner. That means if only one of the spouses wanted a divorce, she or he must be forced to live in marriage against his or her will until the other partner accepts the divorce. Congress clarified that this bill is not changing or modifying other concepts related to divorce, such as the property rights. Property rights continue in the same way as expressed in Article 41 of the Family Code. According to the law, after a divorce, each spouse acquires the right to participate in half of the net value of the property obtained in the marriage. Marriage property is considered: - Assets acquired during the marriage for free, that is, those that were given away or inherited. - Assets purchased by any of the spouses. - Those assets that were acquired during the marriage. - And the assets acquired during the de facto separation of the spouses. Deputies are expected to make the second round of voting and approve or reject this bill next week. According to the national household survey, of the National Institute of Statistics and Census, between 2010 and 2019, the population of divorced people increased. For partner unions without civil marriage the number went from 7.6% in 2010 to 12% in 2019. In the case of civil marriages, the percentage increased from 6.3% in 2010 to 7.5% in 2019. During the same period, the percentage of marriages reduced from 56% to 49%. Through 2019, 1.3 million civil marriages had been registered, reported the survey. -------------------- Is incompatibility a cause for divorce in your country? We would like to know your thoughts on this story. Send your comments to news@amcostarica.com |
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