International Divorce & Family Law: Peru

It’s a common misconception that if you live in Peru you must get divorced there. Conversely some people incorrectly assume that if they have been married abroad they aren’t subject to Peruvian divorce law. As international family lawyers we advise UK nationals living in Peru about the possibility of divorcing in the UK and Peruvians based here in the UK who wish to divorce. We also act in cases where there is some other Peruvian aspect to the divorce.

The length of time it takes to divorce, the basis of the financial settlement and child arrangements can vary widely depending on whether you divorce through the courts in Peru or the courts in England and Wales. Here we describe some elements of family law in Peru that are important for those who have a connection to the country and who wish to divorce.

What Are The Grounds For Divorce In Peru?

A Peruvian divorce can be obtained in the following ways:

  • Divorce by consent – a relatively recent introduction to the Civil Code, also known as ‘fast divorce’. It is available once a couple have been married for two years’ (four years if there are children)
  • Divorce following two years’ separation – again a spouse can only apply when the marriage has lasted two years or four if there are minors
  • Fault-based divorce (or when both spouses don’t agree to divorce) – with the requirement to prove one of the fault-based grounds, including adultery and domestic abuse

Property Division In Peru

Like many countries in South America the default property regime for married couples is the community property regime. This means that on divorce it will generally only be property acquired during the marriage that will be divided equally. Couples may elect a different regime to govern their property – the so-called ‘separation of property’ regime. If they do, even property acquired during the marriage will not be viewed as joint property on divorce. For separation of property to apply couples must execute a formal deed.

Peruvian law states that property division should be done in accordance with the laws of the country where the couple first established a common domicile. This rule has on occasion led the Peruvian courts to intervene in foreign divorce settlements that are perceived to have been finalised in contravention of this domicile rule.

Advice On Divorce In Peru

As specialist international family and divorce lawyers we represent clients based in the UK who are Peruvian and those in Peru who are UK nationals. If there is a choice between jurisdictions it’s important to make the right decision on which venue to use for your divorce. That’s because once divorce proceedings start in one country it’s very likely all decisions regarding finances, property and children will be made by the courts in that country.

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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.

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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 firm, 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. Our principal Henry Brookman has practised law for over 40 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.

Senior Partner

Henry Brookman

Henry Brookman is the founding Partner of Brookman Solicitors, described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

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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.

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Associate Partner

Aziz Malik

Aziz is an Associate Partner at Brookman. He is highly regarded for his expertise on financial matters in divorce and has been recommended by the Legal 500.

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Associate Solicitor

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.

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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.

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Solicitor

Gavin Yeung

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

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Lorraine Imms

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

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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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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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