Thursday, 10 July 2008

How to Get Divorced in Peru

Updated 11 August 2016

Make sure you check with a lawyer for more information. Mi Divorcio can help you whether you live in Peru or abroad.

Get divorced abroad 
  • A fast and easy way is to go to Nevada in the USA (Las Vegas is the easiest). You will have to "live" there for 6 weeks and it doesn't matter if your not a permanent US resident. After 6 weeks + 1 day you can be divorced, and a divorce in the US can be legalized in Peru (or almost any other country).
  • If you get divorced abroad you will either have to register your foreign divorce in Peru (aka exequatur) or re-do the divorce in Peru.  Depending on your situation it may be easier to re-divorce. Registering a foreign divorce can take up to 2 years. The Peruvian Consulate in AtlantaDivorcios por Internet, Exequatur Peru, and Mi Divorcio have more info. 
Get divorced in Peru
  • You do not have to live in Peru in order to get divorced there if you are a Peruvian citizen. One of you can live there and the other spouse can give a lawyer power of attorney. Or both of you could give your lawyers power of attorney. What happens is that you get divorced by proxy (similar to marriage by proxy). Here are some lawyers that you can contact for more information. I have been through the process and it is legal.
  • If you want to get divorced while living in Peru and have been separated for more than 2 years, you can get divorce and you don’t need your spouse for the legal papers, you can do it by yourself. If there are children involved, it is 4 years. 
  • If your spouse is willing to sign the papers, it's easier. It can now take 3 months and is only 1200 soles. Look at the article below from PeruanosEnUSA.net for more info.
Divorce is pretty common nowadays and you can find a lot of advice and guides to divorce that can help you get divorced without ruining your life. If you have kids, things get more complicated. Although it's hard, try to be amicable for the sake of your children. 

One tip to remember is that speaking Spanish will help you greatly. You'll be treated differently than if you speak English all the time, it'll help you assimilate, and you'll be able to communicate easier. If you're looking to learn Spanish, check out Fluenz Spanish, Rosetta Stone, and Synergy Spanish.


EL DIVORCIO EN PERÚ: AHORA MAS RÁPIDO Y MAS ECONÓMICO
Septiembre 18, 2008
El divorcio por mutuo acuerdo era un proceso judicial que demoraba en promedio un año y cuyo costo, entre tasas judiciales, gastos notariales y honorarios del abogado, no bajaba de S/. 4,500. Pero desde la entrada en vigencia el 14 de Julio de este año, de la Ley 29227 o “Ley del Divorcio en Municipalidades y Notarias del Perú”, las parejas casadas que deseen regularizar su separación podrán estar divorciados en un promedio de tres meses, gastando solo entre S/. 1,200 y S/ 1,500.

La norma en mención, permite que el proceso de Divorcio por Mutuo Acuerdo, en el que no hay conflicto o controversia, este al alcance de las parejas separadas que cuentan con menores ingresos y a la vez, permite descargar al Poder Judicial del proceso de “Separación Convencional y Divorcio Ulterior” a fin de reducir la carga procesal. Tómese en cuenta que según estadísticas, el 70% de las parejas que se divorcian lo hacen por mutuo acuerdo. Los divorcios por causal (detallado en el Art. 333 Del Código Civil) seguirán siendo tramitados por el Poder Judicial.

Para poder realizar el también llamado “Divorcio Rápido”, los cónyuges deberán acreditar haber estado casados como mínimo dos años al momento de presentar su solicitud e iniciar el trámite ante el Municipio o Notario correspondiente al último domicilio conyugal o en su defecto, ante el Municipio donde la pareja contrajo matrimonio civil. Si bien en todas las notarias del Perú se pueden llevar a cavo este trámite, para el caso del trámite en el Municipio, este, deberán estar previamente acreditados o autorizados por el Ministerio de Justicia.

Requisitos Solicitados
Solicitud conteniendo los nombres completos de la pareja, sus DNI, dirección del último domicilio conyugar y la declaración expresa de su deseo de separación y divorcio posterior, con la firma y huella digital de ambos cónyuges puesta al final. Esta solicitud deberá estar autorizada por un abogado.
  • Fotocopia de los DNI
  • Acta o copia certificada de la Partida de Matrimonio expedida con una anterioridad no mayor a 3 meses.
  • Declaración Jurada de no tener hijos menores de edad o mayores con incapacidad, dicha declaración deberá llevar firma y huella digital de ambos cónyuges. De ser el caso que la pareja si tuviera hijos menores o mayores con incapacidad, deberá adjuntar Acta o copia certificada de las partidas de nacimiento de dichos hijos, expedidas con una anterioridad no mayor a 3 meses y copia certificada de la Sentencia judicial firme (si ha habido una separación de cuerpos judicial previa), o Acta de Conciliación donde conste los acuerdos tomados por los cónyuges respecto a los regimenes del ejercicio de la patria potestad tales como alimentos, tenencia de los hijos y régimen de visitas.
  • Declaración jurada de no tener bienes sujetos a gananciales, con firma y huella digital de ambos cónyuges. De ser el caso que no los tienen porque optaron por el régimen de separación de bienes, deberán adjuntar la Escritura Pública de Separación de Patrimonio debidamente inscrita en los Registros Públicos. De tener bienes adquiridos bajo el régimen de sociedad de gananciales, deberán realizar la liquidación de estos, antes de iniciar el trámite y adjuntar la Escritura Publica debidamente inscrita en los Registros Públicos.

Trámite a Realizar
Presentar la solicitud, anexando los documentos descritos, ante el notario o Alcalde del Municipio (previamente autorizado por el Ministerio de Justicia) que le corresponda, quien se encargara de calificar el expediente. De estar todo conforme, el Alcalde o Notario, en un plazo no mayor a 15 días citara a una única audiencia donde los cónyuges deberán ratificar su deseo de separarse convencionalmente. Luego de dicha ratificación, el Alcalde, mediante Resolución de Alcaldía o el Notario, mediante Acta Notarial declarará la Separación Convencional de la pareja. Transcurridos dos meses, cualquiera de los cónyuges podrá solicitar la Disolución del Vínculo Matrimonial y sin más tramite, en un plazo no mayor a 15 días, el Alcalde, mediante Resolución de Alcaldía o el Notario, mediante Acta Notarial declarará Disuelto el Vinculo Matrimonial y dispondrá que se emitan los partes correspondientes al Registro Personal de los Registros Públicos y al registro civil o RENIEC.

Si uno o ambos cónyuges radican en el extranjero, podrán llevar a cabo el divorcio conforme a esta ley mediante apoderado en Perú. El poder que otorgue deberá específicamente mencionar la facultar de representación en el proceso de divorcio de su cónyuge (especificar el nombre exacto) ante Notaria o Municipio. Para otorgar dicho poder, los interesados pueden acudir al Cónsul Peruano del país de su residencia, quien ejerce las funciones de notario para los peruanos residentes en el extranjero. En dicho caso, a la solicitud de Divorcio se deberá adjuntar el Poder, debidamente visada por el ministerio de Relaciones Exteriores e inscrito en el Registro de Mandatos y Poderes de los Registros Públicos y fotocopia del DNI del apoderado. Será este apoderado quien acuda a la audiencia única y ratifique el deseo de divorcio de su representado.




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37 comments:

  1. My couple is married in USA, but he lives in Peru since 2003, so He is separated for 5 years, the question is.. Can he make his divorce from Peru??:...
    Please give me an advice; and how can we do that!...
    Thank you
    Natalia

    ReplyDelete
  2. The best thing for you to do would be to contact a lawyer.

    ReplyDelete
  3. I married my ex-wife in Punta Hermosa. I got my ce in 2000 and paid the fee for 2 years until I moved back to the U.S. I divorced her here in 2005. I am moving back to Peru On March 25, and would like to know if there is anyway of renewing my CE. We are not divorced in Peru and at this time we both don't care about that.I also have a new replacement passport. What can I do? I really don't feel like crossing the border every 3b months,Thanks, Jason

    ReplyDelete
  4. So according to Peru, you're still married, right? If she were willing to sign the yearly letter for you to renew your CE AND you are able to get the partida de matrimonio every year, then it's possible. The problem that you might run into is that your CE hasn't been used for 6 years. You'll have to ask Immigrations about how to renew such an old CE. I'm sure there are fines and lots of paperwork.
    If they let you renew it, then you'll have to transfer your residency stamp to your new passport. It's not that difficult.
    Also, if you ask at the border, they know give out 180 days for a tourist visa. No problems bordering hopping. I know people who have been doing it for years.
    Be aware that if they found out that you were divorced, I'm sure they wouldn't be too happy about it.

    ReplyDelete
  5. Hi

    i have been comng and going to Peru for many years but I now am sole carer for my daughter(father peruvian). This is a agreement between us, no court case. I have heard it is now possible for single mothers to apply for residency. I have never married. Is this true do you know? Can I claim residency on the grounds of choosing for my daugther to grow up here and not UK...thanks

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  6. yes, it is. YOu have to do the llamada de familia visa. It might be best to ask at immigrations (or a lawyer), but the llamada de familia visa allows spouses to get visas for their spouses and children for their parents. http://theultimateperulist.blogspot.com/2008/11/2e-resident-familymarriage-visa.html

    ReplyDelete
  7. I am peruvian and my husband is American.
    We have been married for almost 3 years,and separate 1 year and a half because of domestic violence. I want to file for divorce from Perú, I am not resident of USA.

    ReplyDelete
  8. I suggest you contact a lawyer in the country where you got married. If you got married in the US or are in the US, contact your nearest women's centre.

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  9. I am peruvian and i got married to american person in peru in 2002, after that she came to USA and I was in Peru. After one yr. we lost contact, I dont nothing about her! In 2005 i came to USA but still i dont have any news about her! I want to get divorce! What should I do? Pls suggest....
    Thanks

    ReplyDelete
  10. That's odd. YOu got married and then never heard from her again? You lived apart for three years and haven't heard from her in 8!? If you're in the US, I suggest you visit a divorce lawyer. Under some state laws, you might be able to get a divorce since you haven't lived together for years. Check with a lawyer.

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  11. My Partner married a peruvian lady in Guatamala, they remarried in Peru as the marriage was never registered with peruvian embassy in Guatemala, the marriage was registered in the Spanish consulate in order for her to obtain a visa to enable them to live in spain, the marriage was not registered at the British Embassy. Now they have been apart for two years and my partner wishes to divorce this lady, how would he get this marriage dissovled, as we wish to get married now we need to be sure he is divorced legally, how would he go about it and who would he need to do the divorce through..? This lady is back in Peru now.

    ReplyDelete
  12. Wow, that's a legal nightmare. Both your partner's wife and him are both Peruvian, correct? Or is he British? Or Spanish?

    I believe there are two choices. I'm not a lawyer, so consult one.

    BUt, basically, your partner can go back to Peru and amicably file for divorce.

    OR

    If the woman won't give him a divorce, then he could still get a divorce since they have not lived together. Depending on the circumstances, they'd have to have lived apart (and be able to prove this) for two to four years.

    Bare in mind that divorce often takes two to four years in Peru.

    Either way, you are going to need a lawyer. There are some on the lawyer page. Good luck and be patient, as I honestly believe that it's going to take a while for the divorce to go through.

    ReplyDelete
  13. My peruvian wife and I got married in the states and the peruvian embassy over thee. We moved to lima to live for good. but now only 12 months after I got my CI. We will be getting divorce. Should I stay in Peru and be at her mercy for custody and child support (I heard I would not be able to leave the country)or should I go back to the US to file divorce over there. On top of that we have a babyboy taht I will have to give up at least for a while

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  14. Divorce in Peru with a child can take up to 4 years. I would contact a laywer specialising in this.

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  15. My boyfriend married a woman from Peru, in Peru in 2006. In 2008 he was finally able to get her to Canada. After 6 months she left to return to Peru. He has discovered that there is a chance he may not be married. She stated that she had not divorced her first husband who is from Venezula. He has had no contact with her since February 2009 when she boarded a plane in Toronto to return to Peru. I want this issue resolved and would like to know how to get a divorce or the marriage annulled. Does he have to find her to divorce her from Canada or can he file for divorce here and have her served with papers in Peru? Also, there is a chance she may have either returned to Canada or never left to begin with. I am frustrated and am looking for help.

    ReplyDelete
  16. IN order to get married in Peru she had to have shown her DNI. If her first marriage was in Peru, then it shoule be registered. If it was not, than she could very well still be married to her first husband. I suggest he go to the municipality in Peru or the embassy and ask for advice. In order to get it annulled, he'd need proof that she was still married. And if she was married in Peru, both times, there's no WAY that she could still be married to her first husband and have gotten married a second time.

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  17. In regards to your reponse to my post on June 22, my boyfriend's Peruvian wife was married to a man from Venezula IN Venezula prior to her marriage to my boyfriend...does this change anything? Do we and can we call the embassy in Venezuala and request proof of a marriage or divorce certificate for her and her first husband?

    ReplyDelete
  18. Yes, it does. If she didn't register her Venezuelan marriage in Peru, then she could have still appeared as "single" on Peru's marriage records at RENIEC and thus have gotten married in Peru. I would contact the Venezuelan embassy. Hope this helps, good luck.

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  19. I am from canada, my husband of almost 2 years is peruvian, we were married jn peru in 2010 when i was 5months pregnant, i sponsered him in his application for a permenant resandent visa for my husband to come to canada, finally after 18months he was given his visa, but after being in canada only 2 months he left to return to peru. I now want to file for a divorce and am wondering how i go about that since we were married in peru, do i have to travel to peru to file papers?? Also can my husband return to canada even if we r seperated and i sponsered him??

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  20. Nope, you should be able to file in Canada. I know (for the US) you can file where you're a resident. So if you're a Canadian resident, you should be able to file. Contact a lawyer there. Your ex-husband to be, MAY be able to return to Canada: either as a tourist, on a work visa, or if someone else sponsors him. Just make sure you CANCEL his Canadian visa.

    ReplyDelete
  21. Our son married a Peruvian woman in May 05 (from what we understand, their marriage was never made legal in Peru). Since,they have moved to Peru and started a successful restaurant. Unfortunately, she decided to leave him (3rd time), and the business. He would like to legally dissolve the marriage and move on, staying in Peru and expanding the business (which she has not contributed to in some time, but it is in her name, because apparently as a US citizen he is not able to own anything in Peru. Sounds complicated, but mainly wants to dissolve marriage. Suggestions???

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  22. He can get permanent residency or get Peruvian citizenship. As far as divorce goes he can get divorced in Peru. I'm assuming he's on a marriage visa? If he is and if they haven't lived together for the past two years and have no children, they can get a no fault divorce. midivorcio.pe has info on that. With kids, it's 4 years. If they've lived together recently they can either live apart for the required years, get an easy divorce, or fight it and get a hard divorce.

    If he's not on a marriage visa, he can go to the US and get a divorce.

    ReplyDelete
    Replies
    1. Will pass this info on to him. Very much appreciate you help.

      Delete
  23. My brother married a Peruvian Woman in 2008, he was in Peru just 2 weeks than he return to United States, he never have contact her again and now he want to get divoced. He nee dto get divorce in United States or Peru? They got married in Peru.

    ReplyDelete
  24. He can get divorced in the US. It varies state by state. He needs to contact a lawyer.

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  25. Hello, I have looked online but have had no luck in finding out how I can get a copy of a marriage certificate from a marriage that occurred in Lima. I live in San Diego. Any help is appreciated. Thank you so much.

    ReplyDelete
    Replies
    1. You're going to have to go to the municipality where you were married and get it printed. You can get more than one copy at a time so you might want to get multiple copies. If you can't get them then have someone else get them for you. They should cost a couple of soles each and usually can be printed within an hour.

      Delete
  26. My husband has been divorced for a year now to a peruvian women and he was not oblagated to any child support due to the child being in Peru but Hus ex wife has been herassing to throw him in jail if he doesn't send her money to pay her rent and other bills can she do that

    ReplyDelete
  27. That would be alimony, not child support, and it's not automatic. If it's not in the divorce agreement, then no, he doesn't have to pay.

    ReplyDelete
  28. hi i was born in Peru and came to the US back in 1994, i became a US citizen back in 2003, a few years later i came back to Peru and saw my first love again ... we got married ... i did all the paperwork to bring her to the USA, she finally came to the US in 2005, i am so sad to say that we had made the decision to get a divorce, i had never process a DNI, when i got married in Peru i use my US Passport, how can i do our divorce .. we do not have any children and we both had agree to do this divorce can you please help me we both live in NC and we had not been living together for more than 2 years.

    Thank you

    ReplyDelete
    Replies
    1. You can get divorced in the US. You're usually allowed to get divorced in the country where you hold citizenship or where you have residency. For example, I got married in Peru, but divorced in Korea.

      You will have to do extra paperwork if you want to register your marriage in Peru. It doesn't matter if you married with your US passport or not.

      So you could get divorced in the US and then hire a lawyer to register it in Peru. Or get divorced in Peru and register it in the US. Some counties don't allow that. Mine would register my foreign divorce, however, I recently re-married in the US and just showed my apostillised divorce papers. Or you could get divorced in both countries. Or you could just not do anything with Peru and only get divorced in the US since you both live there. Hope this helps!

      Delete
  29. Hola Sharon,
    tengo una pregunta, you vivo en US y el en Peru, yo regrese a Peru para casarme con el y regrese a estados unidos en febrero. desde ahi estamos separados ya son 23 años, el tiene su familia con hijos y todo.
    pero no nos hemos divorciado, todo este tiempo que e estado en US compre una casa, eso va incluir en los bienes si es que e estado separada por todo este tiempo?

    ReplyDelete
    Replies
    1. Hola. No soy una abogada pero usualmente lo que pasa es los bienes que se han adquirido durante el matrimonio pueden ser separados entre los dos. PERO, siempre puede quedar entre los dos lo que es tuyo y suyo. Es probable que el tiene una casa en Perú también. Otra cosa que hacen la gente es una transferencia de título para que los bienes no están en su nombre y no pueden estar incluido en los bienes de la pareja.

      Con tantos años separados me imagino que él tiene cosas que no quiere dividir. Definativement debes hablar con un abogado. Puede ser que tú te quedas con tus cosas y el se queda con sus cosas. Suerte.

      Delete
  30. Good day Sharon,
    I am married with Peruvian, we got married in Peru 6 years ago.we have child 9 year old now, we live here in Lima, Peru. Me and my Son both have 2 nationalities (My son born in my country) when we came here in Peru me and my son got our Peruvian nationalities.I am planning now to seperate from my husband as our relationship ruined by his family, we live in his parent's flat which is surrounded by his siblings ang parents. I want to move to other house (which my husband disagreed) I want to move with my son, do you think I am allowed to move without my husband's knowledge? He used to work abroad. Can I ask from him a child support so I can pay our new apartment? Can he able to take my son away from me, he wants to bring back my son to hia house?

    ReplyDelete
    Replies
    1. I'm sorry to hear about your situation. I would definitely contact a lawyer because I don't know about the legalities. For child support you are going to have to go to court. I would also discuss custody of your child in court. That way you have the law backing you up. If you just do something without going through the proper channels it could cause problems for you. Good luck and definitely talk to someone about your case.

      Delete
  31. My son got married n Florida to a Peruvian woman. About three weeks later they got married again, big wedding in Peru. Now they want to get divorced. If they get divorced in Peru, will it be valid in the US?

    ReplyDelete
    Replies
    1. Yes, it will be valid. Make sure they get the divorce apostillised so the USA (and other Hague countries will accept it). I got married in Peru, divorced in Korea, re-married in the USA.

      Honestly, it might be cheaper and easier to get divorced in the USA if at least one of them lives there.

      Delete

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