Do you have property in Bolivia? Or some other legal connection to the country such as your spouse or you were born in Bolivia? If so and you are considering divorce in England you should think about getting legal advice from an international lawyer. There are significant differences between the way courts in Bolivia and courts in England approach the questions of divorce, property division, maintenance and child custody. We represent individuals with connections to Bolivia who are resident in the UK. They may have married in Bolivia or one or both spouse is a Bolivian national. Here is a brief outline of some key aspects of Bolivian family law.
Getting Divorced In Bolivia
Under Article 207 of the Bolivian Family Code, men and women have equal rights to start divorce procedures, and there are three methods of divorce:
Divorce in front of a notary – Article 206 of the Code introduces a relatively novel way for Bolivian couples to divorce without the intervention of the court. If there is no property registered in the name of the spouses, there are no children under 25 and each spouse renounces any claim for maintenance then by filing a request with a notary a divorce can be granted. This Bolivian process is almost unique among South American countries and is viewed by some as a way of enabling many women to divorce who would otherwise be unable to navigate the expense and uncertainty of court proceedings
Divorce by mutual agreement – If spouses have minor children and property registered in their names they can’t use the notary process we’ve mentioned. They can instead apply to the court for a Mutual Agreement Divorce. An agreement or settlement is drawn up which regulates how finances, maintenance, property division and custody of children are to be managed following the dissolution of the marriage.
Contested divorce – When one party either objects to the divorce or where the parties can’t agree finances or child arrangements it will up to a judge of the Family Court to decide matters.
Advice On Divorce In Bolivia
Advice from an experienced international family lawyer is important if you have links to Bolivia and are seeking divorce in England. Courts in England for example are perceived to be much more generous to the financially weaker spouse than many other jurisdictions across the world. It may be in your interests to ensure you issue proceedings in England before your spouse has the opportunity to request a Bolivian divorce. At Brookman we work with clients of all nationalities, and we understand the kind of issues that regularly arise in international divorce. Our experience in dealing with different legal systems throughout the world means we are well equipped to deal with a divorce where Bolivian law may have a bearing on your case.
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