We frequently act in divorce cases with an international dimension, and represent clients across the world. If you are a Uruguayan national living in the UK or you or your spouse have another connection to Uruguay are you seeking divorce in England (for example you got married there or own property in the country) – you should also familiarise yourself with key aspects of Uruguayan family law. Proceedings for divorce could be issued in Uruguay and this could determine your final divorce settlement. Below is a short overview of Uruguayan divorce and family law. If you would like further advice please get in touch with us.
Background To Divorce In Uruguay
Divorce came relatively early to Uruguay compared to other countries in Latin America. Divorce on the grounds of a husband’s cruelty was possible in 1907 and by 1912 women could petition for divorce without a stated cause. More recently same-sex marriage was legalised in the 2013 Law on Equality in Marriage. The same legislation also redefined the rules relating to payment of alimony, separation and divorce.
Grounds For Divorce In Uruguay
Article 148 of the Civil Code lays out a range of circumstances in which divorce can be sought, including:
- Severe injury caused by one spouse to the other
- Attempt on the life of one spouse by the other
- Irreconcilable differences
- Imprisonment of one spouse for more than 10 years
- Desertion of the family home for more than three years
A divorce decree issued on the grounds of adultery will affect the level of maintenance payable to the spouse who committed adultery. Legal commentators point put that it’s more common for a woman to be blamed for the breakdown of a marriage on the grounds of adultery because of continuing patriarchal attitudes in Uruguay.
Child Arrangements Following Uruguayan Divorce
As a condition of a Uruguayan divorce the parties much reach a formal agreement on child maintenance, custody and contact. The agreement must be approved by a family court judge.
Parents have a legal obligation to financially support children until they reach 21. There is no fixed criteria for assessing maintenance payments but judges will take into account:
- The age of the children
- The number of children
- Whether any children have special needs or disabilities
Getting Advice On Uruguayan Family Law
At Brookman we understand the cross-border issues that sometimes arise if one or both spouses have links to Uruguay and are seeking divorce in England. Even if we have not had direct experience in a particular country our expertise in dealing with a variety of legal systems across the world gives us the ability to deal effectively with the rules and regulations whatever the jurisdiction and to advise you accordingly.
Or call us: +44 (0)20 7430 8470