In this article you will find:

  • Grounds for divorce in Chile
  • What is the compensation?
  • After the divorce we can marry again?

Divorce is one of the causes of term of the marriage that materializes with the judicial declaration that is performed by a Family Court, putting an end to the marriage bond.

Grounds for divorce in Chile

There are two grounds on which you can apply for the declaration of divorce to the court:

1. Cessation of cohabitation ( of Which the spouses do not make the common life).

-If both spouses claim for divorce (divorce by mutual agreement or bilateral) this cessation of effective coexistence should be more than a year. In this case you must accompany the entire agreement, and sufficient.

– If requested by only one spouse, the cessation of cohabitation must be greater than three years.

2. Behavior that violates seriously the duties and obligations of marriage, or the duties and obligations they have in relation to children, who become intolerable a life in common, is what is known as divorce by fault.

Examples of these behaviours are:

  • Physical abuse or severe psychological, against the spouse or the children.
  • An attempt on the life of the spouse or children.
  • The serious and repeated breaches of the duties of cohabitation, relief, and fidelity.
  • Homosexual conduct of one of the spouses.
  • Alcoholism or drug addiction that prevents severely a harmonious coexistence between the spouses or between them and the children.

What is the compensation?

The compensation includes the remuneration that you should get the spouse as a result of having devoted himself to the work of the home, leaving aside all the dreams or goals that I wanted to and I could meet. This compensation may be agreed upon by the spouses, but must be approved by the court.

After the divorce we can marry again?

There are certain procedures that you must comply who wish to contract a second marriage, among them:

Read also: How to help young children internalize a divorce
  • The divorced woman who is pregnant cannot marry again before the birth. If there are no signs of pregnancy, you must wait 270 days from the subenrollment of the divorce to re-marry, unless authorized by the court, in which case you need to prove that there is no pregnancy. This is intended to prevent confusion of paternity.
  • Who has children from a previous marriage under his / her custody or under his guardianship or curatorship must perform an inventory solemn of the property that is being administered and belong to one of them as the heirs of his deceased spouse or with any other title and give to the children, for these purposes, a special guardian.

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