International Divorce & Family Law: Argentina

We represent Argentinians in the UK who need advice on divorce as well as UK nationals resident or domiciled in Argentina. The key questions our clients want answers to are:

  • Whether the UK courts or the courts in Argentina will determine issues around where and when they can divorce
  • How family finances will be affected by divorce
  • Who will decide where any children of the marriage will live after divorce

Argentinian family and divorce law is governed by the Civil Code. But there is a degree of flexibility available to family judges that’s not always present in countries where the law is codified. Argentinian courts rely heavily on previously decided cases in the way English judges do, helping to ensure that divorce settlements are appropriate in each individual case.

Here are some elements of Argentinian family law that may be relevant to your circumstances:

Grounds For Divorce In Argentina

Reforms to the Civil Code in 2015 have made the divorce process in Argentina simpler and more straightforward. Changes included removal of fault-based divorce leaving just two grounds for divorce. These are:

  • Unilateral divorce – where either party can file a petition for divorce
  • Joint divorce – Both parties jointly file the petition

In 2010 Argentina became the first Latin American country to recognize same-sex marriage, giving same-sex spouses equal rights in relation to marriage and divorce as their heterosexual counterparts.

Financial Settlements And Argentinian Divorce

The Civil Code reforms mentioned above extended to the recognition of pre and postnuptial agreements. Before marriage couples can choose what property is joint and what is separate and decide which of two property regimes will apply to the marriage. The increasing use of these agreements has had a significant impact on how property and finances are distributed following divorce.

Where here is no pre or postnuptial agreement, ‘marital estate’ – as defined by the Civil Code – will be divided equally. Following the removal of no-fault divorce, spousal maintenance is only granted in exceptional circumstances and for a limited period.

Children And Argentinian Divorce

Argentinian ‘parental rights and duties’ is a concept similar to our parental responsibility. It is shared equally between parents until divorce.  Then it is acquired by the parent with whom the child resides (the non custodial parent will still have rights to supervise matters such as education).

When a child is under five the mother will always get custody – unless this is not in the child’s best interests. Child contact is almost always agreed without the court intervening. Parents are given several opportunities to agree visitation schedules before a judge gets involved.

Advice On Divorce In Argentina

The Argentinian Civil Code recognises that divorce petitions can be brought in the courts of the country where the couple or one of the spouses last resided. The potential for two jurisdictions to have oversight of your divorce – and the possibility of a significantly different outcome depending on where your divorce is heard – means you should always seek legal advice on your divorce if you have a connection with or are a resident or national of Argentina.

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Divorce Videos

Henry Brookman has created several discussion videos in order to further explain some areas of divorce.

International Divorce

Watch Henry Brookman summarise divorce and common divorce myths.

If you have questions, contact us now, we can help you.

Henry Brookman Discusses: Divorce
Henry Brookman Discusses: Common Divorce Myths

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Talitha Brookman

Talitha is a Partner in the firm and a very experienced practitioner. She has been exclusively practising family law for over 15 years and is a recognised expert in her field.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Aziz Malik

Aziz is a Partner at the firm and is highly regarded for his expertise on financial matters in divorce and has been recommended by the Legal 500.

Senior Associate

Kirsty Kelleher

Kirsty is a specialist family law solicitor recommended by The Legal 500. An expert in divorce, financial matters, child-related disputes and contentious probate cases.

Senior Associate

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Associate Solicitor

Jennifer Douglas

Jennifer is a talented solicitor, experienced in all elements of family law, including high net worth financial proceedings, Children Act proceedings and financial claims.

Associate Solicitor

Gavin Yeung

Gavin has excellent experience in family law including divorce and financial proceedings and international child abduction proceedings involving Hague Convention countries.

Senior Associate

Pippa Marshall

Pippa’s experience covers all areas of family law including divorce, financial remedies, same sex relationships, pre- and post-nuptial agreements and cohabitee property disputes.

Chartered Legal Executive

Lorraine Imms

With over 20 years' family law experience, Lorraine can advise on divorce, matrimonial finances, cohabitee disputes, nuptial agreements and private children matters.

Office Manager

Lorna Martin

Lorna is our Office Manager who oversees the operations of the firm including providing accounts support as well as secretarial support to the team.

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Evdokia Dikova

Eva is an AAT qualified accounts manager and holds full AAT membership (MAAT). She gained her degree in financial accounting from the University of Economics in Bulgaria.

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Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

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Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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Patricia Antonio

Patricia is an experienced secretary and office administrator, handling the calls that come into the office, greeting clients, and managing office presentation.

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