Showing posts with label notary. Show all posts
Showing posts with label notary. Show all posts

Thursday, November 12, 2015

Registering Your Peruvian Divorce Back Home

Image source
Updated 21 December 2016

Once you finish getting divorced in Peru, you're going to want to register your divorce back home. More likely than not you're going to have to do the same thing you did when you registered your Peruvian marriage back home.

If you get divorced in Peru it will not automatically show up on your records back home. What you do depends on where you're from.

When your divorce is finalised you will some official documents. I got a a "registro personal" and an "acta de concilacion extrajudicial". The first translates to a personal registration which basically says you're divorced. The second breaks down the division of property, custody, alimony, and child support.

You may think that with this you will be considered divorced and you might be, depending on your nationality. Some countries will accept an apostillised copy of these documents and you can register your Peruvian divorce back home.

Others won't. If you're Peruvian, these documents are NOT enough to show that you are divorced. You need to complete one more step in order to register your divorce in Peru. You need to take these documents to RENIEC and have them register your divorce. You can then get a copy of your divorce certificate. If you got married in Peru, then they will print out your marriage certificate and in the margins there will be a note stating that you got divorced. If you didn't get married in Peru, they will print out a document stating the details of your marriage and also include the divorce in the margins. This document is what you need if your country doesn't accept the other divorce documents you got from the courts. 


If you're from the US, they usually don't ask for official translations or apostillisations. Personally, I would still get my Peruvian documents notarised, apostillised, and translated. If your country is in the Hague Agreement, like the US and the UK, there's less paperwork for you to do. If your country isn't in the Hague Agreement, like Canada, then there are some extra steps you will have to do. Here's a guide on how to use Peruvian documents abroad. Double check and ask the embassy of that country if there are any other steps you need to take.




Disclaimer:

Saturday, August 22, 2015

Reader Request: Proxy Marriage in Peru

From Weare
Updated 12 September 2015

I've had people ask me if they can do a proxy marriage in while living in Peru. To start with, a proxy marriage is when one person gives someone POA* to get married on their behalf. A double proxy marriage is when both people give other people POA* to get married on their behalf. Here's another article I wrote with more information about proxy marriages and common questions about them, such as whether they're legal.

The short answer is yes, you can do a proxy marriage while living in Peru. I know the US does them and does not require people to be US citizens. Here are some companies which perform proxy marriages in the US. One of you (unless one of you is active duty US military) will have to actually go to Montana and the other person can sign over power of attorney. You'll have to pay the company about $600-$800, which seems like a lot, but it's cheaper than an actual wedding. If you plan on using the American marriage certificate in Peru then you will have to register your foreign marriage in Peru. Here are steps telling you what to do. You can check with your home country to see if they allow them and what you would have to do.


Proxy marriages at Peruvian municipalities
Contact the nearest muncipality and ask if they allow proxy marriages. In addition to all the regular documents you need to get married, you would need to give someone POA*. You might need to hire a lawyer and get the correct POA* drafted up. It will be in Spanish so if you don't understand Spanish make sure you give the POA* to someone you trust. You could give the power to a friend in Peru or to a lawyer. You would then have to sign it at the Peruvian embassy or consulate nearest you and send it to Peru where it would be registered. Then you can do everything that is required in order to get married.

Non-proxy marriages in Peru
If you just want to get married in Peru and not live there, you might want to look at having a destination wedding in Peru.

If you want to get married in Peru and live there, then should look at the following articles:
* power of attorney



Disclaimer:

Monday, September 22, 2014

Reader Request: Getting Married in Peru if You Don't Live There aka Destination Wedding

Peru is becoming a popular place to have a destination wedding. Many people are emailing me and asking me how they can get married in Peru when they don't live there.

If you want to get married in Peru and live there, then you're going to have to jump through more hoops. Read the following articles:
If you simply want to have a wedding in Peru and not live there, then it's pretty easy to do. Here's the thing, getting married in Peru requires getting documents notarised and translated and then register your Peruvian marriage back home. All of this adds time, money, and stress to an already stressful event. So here's what you should do.
  1. Get married back home. Have a simple, legal ceremony. Create a wedding registry!
  2. Have the wedding in Peru. You won't have to worry about legalisations or translations or any of that stuff. If you want to get married in a church in Peru, you will probably have to show a copy of your marriage license, but that's just for the church. You won't have to deal with any Peruvian government offices. 
So there you go, a short and sweet way to have a destination wedding in Peru.



Disclaimer:

Tuesday, August 12, 2014

Custody vs. Parental Rights and International Child Abduction

From wilentz.com
Updated 17 October 2017

I've gotten two emails in the last month about this topic so I thought I'd write a blog post about it. I am not a lawyer and this is not meant to be construed as legal advice. Always remember to get everything in writing whether dealing with your lawyer or the other parent.

International Parental Child Abduction
This is a form of kidnapping is becoming more common and getting your child back, especially across international borders, can take a long time and cost a lot of money. See Expat Stuck Parent for stories about parents who are locked from taking their children back to their home countries. You can also read what the Hague Convention says about International Child Abduction.

Parental Child Abduction Information for Americans
If you're American, the State Department can help and they have a website where you can file your case. They have a program called the Children's Passport Issuance Alert Program which will alert the parent(s) for children under 18 if someone tries to apply for a passport for that child. The FBI and the Department of Justice also have information.You can also call 1-888-407-4747from the US or Canada or 1-202-502-4444 if you're overseas.

Travelling With Your Child
If only one parent travels with their child, they will need proof of permission from the other parent if they have shared custody. If they have sole custody, they will need copies of the divorce decree. If the other parent has passed away, they will need a death certificate. If only one parent is on the birth certificate, bring the birth certificate. If you fear that your ex may try to take your child without your permission, here are somethings you can do.

Getting an American Passport without the Other Parent's Permission
If you share legal custody, then in the case of schooling, travel, medical decisions, etc, both parents usually must sign off. There are exceptions to this rule. For example, to get an American passport, you need both parents' signatures if they share legal custody. If you can't get the other parent's signature you can fill out form DS 5525. Explain the situation in as much detail as possible and get documentation, such as phone records, emails sent, Skype, certified mail, etc.

If there is a step-parent involved and they can prove that they're in loco parentis, then they can sign. So if you have physical custody and have re-married, your spouse may be able to sign by showing they have supported your child. This can be proven through rent or mortgages, school records, insurance records, etc. I know people in the military have showed their step-child was their dependent in DEERS and were able to successfully get a passport that way.

If you're in this situation where you can't get the other parent's signature, prepare as many documents as you can. Do BOTH form DS 5525 and see if your spouse can sign. The more documentation you have the better the chance you have of getting a passport. I've found that people issuing American passports are very sympathetic. If you can show that you've made effort to contact the other parent then you can usually sign the passport application without the other parent's permission. Likewise, if you can show your spouse is in loco parentis, they'll be able to co-sign with you.

Allowing Both Parents to Raise Their Kids 
It's usually in the child's best interest to have access to both parents. This is done through:
  • Physical custody
  • Legal custody
  • Visitation rights
  • Parental rights
Custody
Child custody battles are common. Here are some tips to help you get through it. What every woman should know about custody is very informative. Remember to record everything and/or get it in writing. Ecamm, for example will allow you to record Skype conversations since sound recordings are submittable as evidence in court proceedings. Make sure you honor the custody agreement. Interference with the parental rights of the non-custodial parent, Parental Alienation Syndrome (PAS) is a serious crime and may cause you to lose custody and/or parental rights.

Divorce is common nowadays and with it comes child custody issues. There's two types of custody: legal and physical. Physical custody is whose home the child lives in and legal custody is who makes decisions about the child's well-being. Is your ex a  horrible person? Joint custody with a jerk has some good tips. Some type of joint or shared custody is often preferred in the USA instead of sole custody, except for cases where it would endanger the child. A mother may get sole (or primary) physical custody over her child, but both parents would share legal custody.

In the case of schooling, travel, medical decisions, etc, both parents usually must sign off. There are exceptions to this rule. For example, when the other parent can't be located or when there is someone acting as in loco parentis. Let's say you re-marry and your spouse has been caring for your child. They'd be in loco parentis. This can be proven through rent or mortgages, school records, insurance records, etc. If they're in the military and have registered their step-child in DEERS, it's even easier to prove in loco parentis.

Here is some recommended reading about custody:

Visitation Rights
Just because one parent has sole physical custody does not mean that they other parent doesn't get visitation rights. There are three types of visitation rights: no visitation, supervised visitation, and visitation.

Narcissistic or Borderline Personality Disorder
If you're dealing with someone with these issues, remember to remain calm. Losing control is what they want you to do. Get everything in writing or record it. These types of people are good at manipulation (they can turn anyone against you, even your own lawyer) and projecting (seeing others as they are seen). For example, if they cheated, they believe that you'll cheat on them or even worse, they'll accuse you of narcissism. Here is some information about narcissism.
My advice to you would be to educate yourself and distance yourself both physically (if possible) and emotionally from this person.

Parental Rights: General Information
Once a mother's and father's name is written on the child's birth cert, they get parental rights. Once parental rights are taken away from someone, a new birth certificate will be issued without that parent's name on it.

Terminating parental rights is a major affair and can take years. It is not something to be taken lightly and is considered to be a last resort. There has to be a solid reason for terminating parental rights. Below you can find some reasons for terminating parental rights. There are two ways to terminate parental rights: voluntarily or involuntarily. While some parents may willingly give up parental rights temporarily or permanently, many parents refuse to do so and courts have to get involved. If a parent is not involved, but refuses to give up parental rights, some parents will agree to sign over rights if you waive back child support, back medical expenses, future counseling costs, cost of supervised visitation, and letters from medical professionals saying that not terminating parental rights would cause permanent emotion and mental damage to the child. This is not a complete list. Please contact the court that has jurisdiction over your area.

One (or both) of the parents . . .
  • is in prison due to committing a serious crime
  • is a sex offender
  • is mentally unstable
  • has abandoned the child
  • has not had contact for a minimum amount of time (usually 6-24 months)
  • is a drug abuser or alcoholic
  • is a threat to the child's well-being
  • hasn't paid child support
  • has signed over their rights
Parental Rights in Peru
Here's information about parental rights (patria potestad) for Peru. That link has since been taken down, but here's a new one for patria potestad. It is not legal to sign over your rights in Peru. They can only be taken away during exceptional circumstances, such as being convicted of a crime. FYI: not paying child support is considered a crime in Peru. Parental rights can be temporarily taken away until the parent pays. Their salary or wages can also be garnished if they refuse to pay. Parental rights are taken away once the child becomes 18 or the parent dies. Contact a lawyer for more information.

Parental Rights in the USA
Unlike Peru, in the USA you can sign over your rights or they can be involuntarily terminated. The courts also might step in and adjudicate the termination of parental rights and assert jurisdiction over custody cases. Each state has different requirements so be sure to read the information thoroughly. Here's the information for termination of parental rights in Texas and adoption in Texas, for example.

Usually the courts will not involuntarily terminate a law-abiding parent's rights unless someone else agrees to adopt the child (if they're under 18), such as a step-parent (here are step-parent adoption forms for each state). You usually have to notify the other parent if you want to terminate their rights. You can do this by having someone from the court or police serve them the petition, publish an ad in the paper, or send the summons via certified mail. However, there are many exceptions so you may want to contact a lawyer.

It can be very expense, but many employers, such as the US military, UPS, ServiceMaster, ARAG, Hyatt Legal, and MetLife will offer adoption assistance. The IRS also has information about qualified adoption expenses and the top 10 facts about adoption tax benefits.

If the person wanting to be adopted is over 18 then it's simply a matter of signing papers at the court house. For example, if a child wishes to take away their father's parental rights and the child is 18, then the father doesn't even have to be contacted.

In conclusion
When getting a divorce or separating the court will make a decision based on what's best for the child. Being spiteful and getting revenge can only do harm and not good. If you're living in Peru and have registered your marriage in Peru, you should also register your divorce there or get divorced again. You may have to notarise, legalise, or apostillise documents. Contacting lawyers in Peru can help.



Disclaimer:

Thursday, July 25, 2013

Reader Request: Registering Your Peruvian Marriage Back Home

From happydietitian.wordpress.com
I've been asked a couple times if marriages in Peru are legal back home and the short answer is yes, they are.

Now if you get married in Peru, does that mean that it'll automatically show up on your records back home? No, it won't. If you get married in Peru and then go home and check if you have a marriage record, you won't. It'll still show that you're single.

So what do you do? It depends on where you're from. If you're from the US, they usually don't ask for official translations or apostillisations. Personally, I would still get my Peruvian documents notarised, apostillised, and translated. Here's a guide on how to use Peruvian documents abroad.

Update August 2014
Some counties in the US aren't allowing you to record foreign marriages or divorces anymore. Contact your county clerk for more info.

In the US you cannot register a foreign marriage. It's impossible. What exactly does that mean for people who get married abroad? It's simple. In the US you're only allowed to register a marriage that takes place on US soil. If you get married abroad all you have to do is bring your foreign marriage cert and a translated copy (Doesn't have to be official. You can translate it, a friend, Google, etc) to the county clerk's office. Then the record it and it'll show up on your record.

What does it mean? It's just semantics. You register marriages that take place on US soil and you record marriages that take place on foreign soil. The end result is the same: you'll show up as being married. If you get divorced, you follow the same procedure.

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 to the culture, and you'll be able to communicate easier.

Disclaimer:

Monday, September 17, 2012

Reader Request: Think Carefully Before Marrying a Peruvian

Updated 4 October 2017

Got your attention, didn't I? I was thinking about making "Think Carefully Before Getting Married" the title, but since my blog is about Peru, I figured I'd tweak it a bit. I'm not saying that you shouldn't marry a Peruvian, but what I'm saying is that marrying a foreigner can be more difficult than marrying someone from the same country or culture. Also, dating someone is vastly different than marriage. Americans marrying Americans have usually been brought up similarly and can relate to many of the same things. Americans marrying Brits might have some difficulties, but their background is often the same. However, Americans marrying Peruvians often have many difficulties that they encounter. My marriage ended after nearly 8 years. Here's what I had to do to get a divorce in Peru.

Love is blind (deaf, dumb, and stupid) and everyone knows that, but it doesn't stop us from jumping in. Try to learn Spanish. The Rosetta Stone is amazing and you can learn at your own pace. Don't forget to read up on Peruvian culture, it will help you understand more about Peru and its people, including your in-laws.

Online love
With the internet, more and more people are marrying people they met online. While it's good in one way since the focus is getting to know each other mentally rather than physically, I also think it's really romanticised and people get married too quickly.

A bit of help please
I get countless emails from foreigners, mainly from the US and the UK, but other countries as well, such as Canada, Germany, etc, asking me what docs they need to marry their Peruvian sweetheart. I wrote the post how to get married in Peru in order to help people out. I also get lots of emails asking me how to divorce a Peruvian because things didn't go according to plan, they felt like they had been used for visas or money, or cheating occurred.

Pedal to the metal
More often than not these couples have known each other for less than 2 years. Sometimes the foreigner wants to live in Peru and sometimes they ask me about visa info to go back home. More often than not when the foreigner wants to live in Peru, it's "forever".

I'm going to live in Peru forever
I can't help but smile and shake when I see that a foreigner wants to live in Peru forever. It's got nothing to do with Peru itself, but living in a foreign country forever is the hard part to understand. Many times these people have only spent a week or so in Peru on vacation and have never lived outside their own country. They don't speak Spanish and their plan is to teach English. While I myself am an English teacher and blog about it at TEFL Tips, I will admit that it's not easy. Especially in Peru. Older people have a tougher time than younger people. They're leaving their careers, benefits, and decent salaries behind.
  • Jobs: Teaching English doesn't pay that well and there are minimal benefits. You often have split schedules and have to cater to people who don't want to study, yet think that you hold the secret to teaching them English. There are other jobs available, but Peru isn't known for its high salaries. Expats get great packages, but if you're already in Peru when you're hired, you're often given a local contract which means you can kiss those high salaries, benefits, and perks out the door. If you want to work in a Peruvian company you'll probably have to learn Spanish and you're going to need a higher level of Spanish than being able to ask "how much is this?" and "where's the bathroom?"
  • Cost of living: While many people are thinking, "but the cost of living in Peru is so much cheaper," I know that this is partly true. If you want to live like a local then the cost is cheaper, but other things are more expensive. We rent out our apartment in Surco. It's a walk-up on the 4th floor with rattly windows, no heat, no insulation, a minimal kitchen, two baths (but one's outside and doesn't work) and very poorly laid out. While it has 80 m2, it's unfurnished and has no parking space. We rent it for $400. That's a lot of money in Peru where the average salary is about $500 a month. Most English teachers are earning about $10 an hour (if that, which comes out to about $800 a month). Whereas in the US you'd pay about double that ($800), but have a much nicer place. In Peru a higher percentage of your income tends to go towards housing. Transport is cheap in Peru, if you want to take combis. I did for years and they took forever, stopped at green lights, went at red, were driven by maniacs with dirty fingernails, had people crouching down in mini-vans, fighting over fares, bribing police officers, making me angry and stressed out. Many expats drive or take taxis due to this. Electronics are much more expensive in Peru. The good news is that food and household help is pretty cheap. You can live pretty well in Peru. You will have to budget if you want to save or travel. If you're in Lima, here are a bunch of tips written by expats to help you out.
  • Other concerns: If you're going to have kids, education is another concern. Public schools are appalling and private education usually starts around $10,000 a year. Some of the better schools run as much as $25,000.

Taking my Peruvian sweetheart back home
Just as you'd have problems living in a foreign country, your spouse-to-be will also run into problems. Many Peruvians miss their families much more than we miss ours. Getting things done can be harder. Peru is a country of flexibility. Laws are grey, not black and white. Emphasis is put on helping people out, doing favours, and bending the rules. Time is another issue as it is rigid abroad whereas in Peru you have "hora Peruana" and "hora Inglesa" and most Peruvians prefer the former.

Hindsight is 20/20
Flexibility seems to be the key in Peru and marriage is no exception. Many Peruvians have parejas rather than spouses and having children out of wedlock seems more excepted, which is odd since Peru is such a Catholic country. Despite this, divorce is also very common. The only legal marriage takes place at city hall; church weddings aren't legal.

Unfortunately, many divorced foreign wives that I know ended up divorcing due to their cheating Peruvian husband. While it may be more accepted in Peru or people turn a blind eye, that's usually the straw that breaks the camel's back.

Think before you leap
I'm not saying that you shouldn't marry a Peruvian. What I am saying is that I think many people get blinded by the fact that they're going to marry a foreigner. They tend to think less and move more quickly than if they were with someone of the same nationality. When really, the opposite should be true. If you're going to marry a foreigner, you need to think twice as hard as you would if you were marrying someone from the same country as you.

I know plenty of happily married Peruvian-foreign couples. I also know plenty of happily divorced (and bitterly divorced) Peruvian-foreign couples. Marriage is a decision that will affect you the rest of your life, so give it some thought and time before you jump in. 




Disclaimer:

Wednesday, January 4, 2012

Surprisingly Pleasant Experience at the Peruvian Embassy

In order to cancel my POA (power of attorney) I had to get documentation from the Peruvian embassy here in Seoul. The embassy is more like a small office in a building near the major shopping area where Japanese come for the weekend. No security guards, metal detectors, no appointment, and you can use your cell phone inside.

I'd been twice before and I had come today because they had made a small mistake which neither they nor I caught. I was told that I had to pay for 4 pages to be printed and stamped and that would run me about $40. I paid, not too happy with the fact that I should have read the info more carefully the first time.

Then I sat down and waited and waited and waited. One of the things about Peruvian culture that ticks me off is the waiting around.

The head of consular affairs came over, apologised, gave me 5 key chains as souvenirs, and said the embassy would cover half the cost, since it was kind of their mistake as well. That was nice and it made the fact that I had to travel 3 hours round trip a bit more bearable.



Disclaimer:

Tuesday, November 16, 2010

Peru and the Hague Agreement

Image credit
Updated 26 March 2016

Apostillisation can take some time if you aren't able to go to the offices in person. Please plan ahead as it can take a couple months. Some people use a company to help them get documents apostillised. Fees vary widely so contact a few of them to get an idea of prices. Here are some popular companies people use.

Documents for Peru
The Hague Apostille Agreement took effect in Peru on September 30, 2010. You can read about it in Spanish at Apuntes Peruanos and Ministero de Relacciones Exteriores. You can see it in English at the Official Hague Agreement website. What this means is that using foreign documents in Peru or using Peruvian documents abroad has been made easier. This article is about using foreign documents abroad. If you want to use Peruvian documents abroad, please see, Using Peruvian Documents Abroad.

Before you had to have the document notarised, then legalised by the Peruvian consulate in your country, then legalised again at RREE (Ministerio de Relacciones Exteriores) in Lima. Now, all you have to do is get the apostillisation. NB: Apuntes Peruanos says that this is NOT true for Canadian, German, or Greek documents. Please check with the embassy in your home country before getting an apostillisation.

US State and Local Documents 
Examples of state and local documents are: birth certificates, marriage certificates, death certificates, divorce certicates, state background checks, or degrees. For federal documents, please see the following section. You can mail or take the documents in person. I mailed things. Total time is about one month.

TIP: Get many copies apostillised. They're good for life and you won't have to go through this again. I had ten copies of my degree apostillised.

  1. Use the original document OR copy your document and get the copy notarised. Birth certificates are a perfect example of using originals. These are often already notarised by the emitting office, ex. the county clerk. If it is not already notarised, you will have to send it to the emitting office to get it notarised. It is often faster, cheaper, and better to copy your orginal. Photocopy the original. Take the original and the photocopy to a notary. The notary will examine both documents and the notarise the copy. In the US, it can often be done for free at your local library or bank. If you're not in the US and need something notarised, try Sign Now. It's accepted in all 50 states and much cheaper than going to the embassy.
  2. Put your original in a safe place. You won't have to mail it anywhere, BUT you might want to bring the original to Peru just in case.
  3. Get your documents apostillised. You will have to send your documents to the Secretary of State. Contact them and ask how much it is to get documents apostillised. It should be between $5 and $20. If you are using copies you do NOT send the original. Just send the notarised copies. If you are using orginals, you will have to send the original. This usually takes two weeks.

What You Will Have: You will have another document attached to your copy (or original). It should have a seal and special corner at the top. Mine have a gold sticker-seal and a blue paper at the top in the corner. Do NOT separate these documents or you will render them invalid.

US Federal Documents
An example of federal checks: FBI background checks. You will probably not need this, but it might help you in the future. See the next section for how to get an FBI check.

  1. Use the original document FBI background checks are a perfect example of using originals. These are often already notarised by the emitting office, ex. the FBI, IF you tell them that you will be using the documents abroad.
  2. Send it to the Department of State. It should cost less than $10 and take two to three weeks. You can also go in person if you live near Washington DC. You now need to have a notarised copy of your license or passport as well as a notarised request letter.  If you're not in the US and need something notarised, try Sign Now. It's accepted in all 50 states and much cheaper than going to the embassy.

What You Will Have: You will have another document attached to your original. It should have a seal and special corner at the top. Do NOT separate these documents or you will render them invalid.

How to Get an FBI Check
  • Plan ahead. The FBI website states that "processing times may take up to 12 weeks." See number 9 on the FAQs on the FBI website. Bad news is that many countries only accept FBI checks that are less than 6 months old, so planning is key!
  • Legible fingerprints are critical. You can use the forms from the FBI site or the ones at the police station. They recommend submitting multiple fingerprint cards.
You Need

Here's what you need to do. You can also find the steps and the checklist on the FBI website.
  1. Get fingerprinted.
  2. Send all docs to the FBI. Look at the checklist to make sure that you've included everything. Have it sent back to your parents or family or friends in the US. It's recommended to send it via certified mail so that you can track it. FBI CJIS Division – Record Request, 1000 Custer Hollow Road, Clarksburg, WV 26306
  3. Your family or friends in the US get the form, then send it to the US Dept of State in Washington DC, not the Sec of State in your state. It's a federal document, so has to go to the Dept of State in Washington. The FBI puts a seal on the crb at the request of applicants and tthen you can send it to the Department of State, not the Secretary of State. see: http://www.state.gov/m/a/auth/ (FYI: If you want to send it to the Sec of State, then you could also do that, but it’s a hassle. First you need to get it notarized, then send it to the Secretary of State.)
  4. They get the FBI check and then mail it to you.

Canadian Documents
Please see the Foreign Affairs and International Trade Canada website for more information.

British Documents
Please see the Foreign & Commonwealth Office website for more information.



Disclaimer:

Thursday, November 6, 2008

Permission for Children to Travel with Only One Parent

Updated 8 January 2017


Children travelling alone, with someone else, or with just one parent may need a notarised letter of consent from the other parent if they share legal custody. You can also read more about custody at HCCH.

If you're an American and trying to figure out how to get a passport without the other parent's permission, read the post about custody vs. parental rights and international child abduction.

Some people have taken their kids and never been asked for a permission letter, others have been grilled with questions. I personally would just get one to be on the safe side.


If Both Parents Have Custody
This rule is for when the couple is married or if the other parent has officially recognised the child as being his/hers. This means that BOTH parents are on the birth certificate.
  1. A recent apostillised birth certificate for your child. If it's not in Spanish, it will have to be officially translated into Spanish.
  2. A notarised letter. See Letters to immigration for the format. (If the child travels outside of Peru alone, both parents will have to sign the letter. If the child is travelling with one parent, then the other will have to sign the letter.) Here's an example of a permission to travel letter.

If Only One Parent Has Custody
  1. When only one parent is on the birth certificate: You will need a notarised and apostillised copy of the birth certificate. I would also bring the original birth certificate.
  2. When both parents are on the birth certificate: You will need proof that you have sole custody. Here's an example for a parent with sole custody. 
  3. When the other parent has passed away: For a widow(er), there are exceptions, you either present your ID showing that you are a widow(er) or bring a death certificate. The death certificate should probably be apostillised and translated as well.

Example Consent Letters
  • Canada has one
  • Look at the one below

Consent Letter
I, (person not travelling), am the lawful (mother / father / guardian) of (child's name). I declare the following:

Minor child's details:
(Child's name) was born on (DOB) in (place). She holds a (name of country) passport with number ______________ valid from __________ to _____________ and issued by ________________.

The aforementioned child has my consent to travel with:
(His / her) (mother / father / teacher / etc) (Person's name), was born on (DOB) in (place). She holds a (name of country) passport with number ______________ valid from __________ to _____________ and issued by ________________.

The aforementioned child has my consent to travel on the following flights:
Place, date, flight info for each flight.

Any questions regarding this consent letter can be directed to:
Name of person giving consent
Address
Cell
Email
Person giving consent
Signature
Name
Date



Disclaimer:

Saturday, July 12, 2008

Translators, Notaries, Legalisations, and Apostillisations in Peru

Updated 23 November 2015

Below you can find information for using documents in Peru and abroad. Here are some issues you need to think about to make sure you find a good lawyer.
 

Using Peruvian Documents Abroad
You can find steps at Using Peruvian Documents Abroad. Apostillisations are for Peruvian documents that are going to be used abroad in countries that are part of the Hague Agreement, like the US and the UK. You can read more about apostillisations in Peru and the Hague Agreement. Legalisations are for foreign documents from non Hague Agreement countries that are going to be used in Peru or Peruvian documents that are going to be used in non Hague Agreement countries, like Canada.

Validating Degrees
Validation is different that legalisation and apostillisation. Here's some info about the validation process.

Recommended Translators
  • Jose Antonio Nino de Guzman, C.Jan Traducciones SAC. Ocharan 444. He is in Miraflores off of Larco. Dpt 103 B. tel: 243-0053. cel: 97215022 jantraducciones@gmail.com Someone commented that he charges 150 soles for a birth certificate and divorce certificate to be officially translated. This did NOT include the RREE stamps. He suggests you avoid this translator because his service is VERY expensive compared to the other translators on this page.
  • Liliana Ibanez is an official translator in San Isidro. She's off Camino Real just a few blocks from Ovalo Gutierrez. Miguel Dasso 126 Office 301. 441-2122, 998379514. Fax 441-4122, ibaneztraducciones@gmail.com
  • Luis Legua. He was recommended because he is fast and does impeccable work plus his rates are very reasonable. His email is english-spanish@hotmail.com
  • SEPROADSAC Translators. They actually do business as LexiTrans. Las Begonias 552, Of. 16, San Isidro. Fax: 442-7429. Their phone numbers are 222-0019 and 441-2913. They do the translation, plus the trips to the notary, Colegio de Notarios and RREE. A birth cert cost me 100 soles.
  • Shannon Abad does English, Italian, French, Spanish, and German. Although she's not an official translator, she has a business, ConsultUSPeru and helps expats here in Peru. shannonabad1111@msn.com . They also have a Facebook group.
Official Translations
  • Only official translations are accepted by the Peruvian government and they have to be done in Lima. A list of official translators can be found at RREE (Ministerio de Relaciones Exteriores)  or you can go directly to the PDF version.
  • Living in Peru has a list of Chinese, English, French, German, Italian, Japanese, Polish, Portuguese, and Russian translators. For times, directions, and more information, see Ministerio de Relaciones Exteriores (RREE).
Foreign Documents NOT in Spanish
If you need a document that's not in Spanish translated in order to get married or for visa reasons, you will have to have it apostillised and officially translated. See Peru and the Hague Agreement for more info. If it's not in Spanish, you have to get it translated by an official translator and get the translation legalised. (I know this sounds complicated, but you can pay translators to do this and it's worth it).

Your best bet is going to an official translator and paying them to do everything for you, there are some recommended ones above. It saves a lot of time and frustration, also they know the steps, so you won’t be running around needlessly. They don’t charge too much and it’s well worth it. For example, I needed my degree to be legalised at the Ministry of Foreign Affairs (RREE). The translator charged me 200 soles and this was for all the stamps and translation. I dropped my degree off on Friday at the translator’s office and they delivered it to my house on Thursday with everything ready to go. Shorter documents cost less, the same translator charged me 100 soles for my birth cert, and took it around to get stamped and signed, just like my degree.

Foreign Documents in Spanish
If you need to get documents legalised that are in SPANISH, then just get it apostillised. See Peru and the Hague Agreement for more info. If the document is from Peru, it will have to be legalised from the place where you got it. For example, my marriage cert is from RENIEC, I have to pay about 17 soles at RENIEC to have it legalised, after that I can take it to RREE.

Apostillisations and Legalisations at the MFA (RREE)
Peru joined the Hague Agreement in September 2010. If you want to use your foreign documents in Peru you will have to do one of two things.
  • If your documents are from countries that are part of the Hague Agreement, such as the US and the US, then they the documents need to be apostillised in your home country and not at the Peruvian embassies and consulates abroad.
  • If, however, your documents are from a non Hague Agreement country, such as Canada, then you have to get the legalised in the Peruvian embassy.
First, follow the steps above according to what language your document is in. Here's some useful info, in Spanish, about legalisations at RREE. Then take them to Ministerio de Relaciones Exteriores del Peru. There is also a RREE in Cusco. See the Ministerio de Relaciones Exteriores website for more info.

Anyone can bring the documents to be legalised, it does not have to be the applicant. It takes 1 day to process your request for a legalisation and about two weeks for an apostillisation. (There are exceptions to the 1 day rule. If you show that you have a bus or plane ticket leaving Lima or Peru the SAME day, then you can pick up your legalisation in the afternoon. You MUST show the original ticket and a copy.)
  • Hours are now 8:15 to 2:30pm to drop off documents. To pick up it's 8:15 to 4pm
  • Address: Avenida Lampa 545 in Centro de Lima. It's near Abancay, if you get off at Hiraoka, then you have to walk about four blocks.
  • Bring: the orginal, a copy of the orginal, your ID (CE, DNI, or passport) and a copy of your ID. Lines are long, expect it to take 30 minutes to an hour.
  • You'll have to pay a fee around $10.
  • If you have a foreign document and you got it legalised in your embassy here in Peru, instead of the Peruvian embassy / consulate in your country, you also have to pay $37.50 in addition to the regular fee. However, if your embassy in Peru gave you the orginal document, then you just have to pay the regular fee.
Steps

  1. Show your documents at Line 1 or 2. They'll give you a ticket and slip of paper. Fill out the little paper with your personal details and the number of the ticket they gave you. They'll also take your originals. If they are Peruvian documents, first they have to be legalised by the authorising center. For example, birth, marriage, and death certificates would have to be legalised at RENIEC. So before you go to RREE, you will have to get the documents legalised first.
  2. Then you go in another line to pay at Interbank. Give them the ticket and the slip of paper. They'll give you back both of them, plus a receipt.
  3. Then go back to the orginal line you were in, either line 1 or 3 and give them everything. They will take the ticket they gave you and the receipt from Interbank. You keep the ticket.
  4. You will need the ticket and your ID to pick up the documents. Pick the documents when they tell you to. You must pick up your document within 30 days of dropping it off.
Notarisations and Certified Copies Documents may also have to be notarized, which can be done at any public notary and they usually charge around 5 soles. Certified copies can also be made at notaries. For both you will have to show the copy, the original, plus a form of ID (CE, DNI, or passport). Usually you show them everything, pay, leave the copies and pick them up in a couple of hours.

Recommended Notaries
Some notaries that have been recommended are in San Isidro near MAC, and in Miraflores, 5th and 6th blocks of Jorge Basadre near Vivanda. Also see this post on lawyers as many of the lawyers are also notaries.



Disclaimer:

Wednesday, July 9, 2008

Using Peruvian Documents Abroad

Updated 23 April 2014

For information about using foreign documents in Peru, please see Peru and the Hague Agreement.

Apostillisation for Countries in the Hague Agreement
The Hague Agreement is now valid in Peru which mean documents can be apostillised. See Peru and the Hague Agreement for more info. Thanks go to Rudd for the steps below.

  1. You’ll have to go to a notary (you also may have to take it to the Colegio de Notarios after you take it to a notary. Rules constantly change, so ask the notary for more information). The exceptions to this are birth, marriage and death certificates. You take these to RENIEC, not a notary, and have them legalise them.
  2. Then go to Ministry of Foreign Affairs (RREE). For times, directions, and more information, see Ministerio de Relaciones Exteriores (RREE). When presenting your documents for legalizing they ask you for what country. If it is a country that accepts Apostilled documents, they will tell you your document will get an Apostille. This procedure takes about two weeks.
  3. If the country you're going to use it in is not a Spanish speaking country, you'll have to get it translated. Translators will usually notarise and apostillise it as well for a fee. 

Legalisations for Countries Not in the Hague Agreement
Not all countries are part of the Hague Agreement. Canada is just one example. If you want to use Peruvian documents in a country that is not part of the Hague Agreement, you've got a lot of work cut out for you. Below you will find the basic steps, but it's best to ask the embassy of the country where you want to use it.
  1. You’ll have to go to a notary (you also may have to take it to the Colegio de Notarios after you take it to a notary. Rules constantly change, so ask the notary for more information). The exceptions to this are birth, marriage and death certificates. You take these to RENIEC, not a notary, and have them legalise them.
  2. Then go to Ministry of Foreign Affairs (RREE). For times, directions, and more information, see Ministerio de Relaciones Exteriores (RREE).
  3. Go back in a day to pick the legalisation up.
  4. If the country you're going to use it in is not a Spanish speaking country, you'll have to get it translated. Translators will usually notarise and apostillise it as well for a fee.  
  5. Then go to the embassy of the country you're going to use it in. You may also need to get it translated.
  6. Finally, when you get to that country, you will probably also have to get it legalised by the Ministery of Foreign Affiars.




Disclaimer:

FTC Disclosure and Privacy Policy

html

Paperblog