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Family Lawyers: Professional Legal Assistance on Family Related Issues
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Marriage in Costa Rica. The officials authorized to perform civil marriages in Costa Rica are notaries public or Family Court judges. Our notaries public in Costa Rica are accredited and recognized under the laws of Costa Rica.
Marriage in Costa Rica.
Our team of Notaries Public support you in this important initiative. We will legally advise you before, during, and after the marriage so that this important act has full legal validity in Costa Rica and, if required, apostille the proper documentation for the subsequent registration in third countries. -
Pre-nuptial Agreements Our lawyers in Costa Rica may advise you in the creation of documents of prenuptial agreements, affidavits, publications of edicts, etc. We coordinate with the couple the text options for the exchange of the vows and rings, and we do the registration of the marriage in the Civil Registry of Costa Rica.
Pre-nuptial Agreements
Pre-nuptial agreements belong to the patrimonial rights of the spouses, it represents a common legal step taken before marriage. A pre-nuptial agreement establishes the property and financial rights of each spouse in the event of a divorce.
Requirements:
Consent or declaration of intent.
Capacity of the parties.
Solemnities of law. -
Early Settlement of Marital Property YAny of the spouses may proceed to the early settlement of marital property when the Court, at the request of one of them, receives proof that the interests of one spouses is at risk of being compromised by the mismanagement of the other spouse or that the property can be illegally hidden for the divorce process. It is not considered marital property, so there is no right of participation the following property.
Early Settlement of Marital Property
1) Any which may be entered into the marriage, or acquired during the marriage, by donation or random cause;
2) The purchased with personal resources of one of the spouses, to be used under the terms of the prenuptial agreement;
3) Any property acquired before the marriage;
4) Tangible or intangible property that was subrogated to other property of either of the spouses; and
5) Property acquired during the separation of the spouses. -
Divorce in Costa Rica The family law in Costa Rica allows any interested party to go to court in order to obtain or to reaffirm their family rights. Our lawyers in Costa Rica will professionally assist our clients to ensure and protect their rights and the rights of minors in accordance with the provisions of the family justice system. Our firm may professionally represent you in cases of paternity establishment (Recognition/Contestation). Recognitions can be performed on a voluntary basis, or by a judicial process in the event that there is no agreement between parties. You can contact our team to look for a legal solution to child’s access, parental rights, and custody.
Divorce in Costa Rica -
Contested Paternity, Recognitions of Paternity, etc. The family law in Costa Rica allows any interested party to go to court in order to obtain or reaffirm their or their family rights. Our lawyers in Costa Rica will undertake all legal actions to ensure and to protect our clients' rights and the rights of minors in accordance with the provisions of the family justice system. Our firm may represent you professionally in cases of contested paternity, recognitions which can be performed on a voluntary basis, or by judicial process in the event that there is no agreement between parties, you can contact us also in cases of modifications to the saved, upbringing and education of minors.
Contested Paternity, Recognitions of Paternity, etc. -
Child’s Access A divorce or separation inevitably generates significant changes in interfamily relationships and will make the children to cope with the uncertainty of what will be their new positioning before such changes: the person who will have the custody, the contact with the father who moves away, etc. CHILDREN HAVE THE RIGHT TO SHARE WITH BOTH parents. This is a right of the minor more than it is a right of the parents. This is why both parents must come to an agreement on child’s access, hours, and conditions. The court may establish this conditions which will become mandatory to both parents.
Child’s Access -
Alimony (decreasing, increasing, exclusions, etc.) Who can be sued to provide alimony?
Alimony (decreasing, increasing, exclusions, etc.)
Any of the spouses in benefit of the other spouse.
The parents with the custody in benefit of the children or sons and daughters who require special care and supervision because of a mental or physical disability or when it is proved that they are studying to acquire a profession.
Sons and Daughters in benefit of the parents as long as the parent complied with their economic responsibilities during the rearing.
The brothers in benefit of younger siblings or when they require special care and supervision because of a mental or physical disability
The grandparents in benefit grandchildren and great-grandchildren or vice versa respecting the order of the preference of the people economically responsible to provide financial support.
REQUIREMENTS:
The marriage certificate when the alimony has as beneficial any of the spouses.
The Birth Certificate if the alimony is in the benefit of a son or daughter.
A judge resolution in a de facto union or certification of divorced judgment stating the economic responsibility.
Indication of the complete name and exact address of the defendant.
Indicate the economic needs of beneficiaries.
The financial resources of the defendant or the profession.
The amount intended as alimony. -
Afectaciones y desafectaciones del patrimonio familiar In our legislation, specifically in article 42 of the Family Code, it is allowed that the property being used by the family to be registered in the Public Registry as “Family Residence”. With this registration the property may not be alienated or encumbered but with the consent of both spouses, or cannot be pursued by personal creditors of the owners, except for debts that belong to both spouses or that belong to the owner prior to the registration of the affectation.
Afectaciones y desafectaciones del patrimonio familiar -
Declaration of Insanity The legal declaration of insanity should be declared by a judge upon proving the situation that generates the declaration according to the article 232 of the Code of Family
Declaration of Insanity
Indicate the name and the personal information of the applicant and the person whose declaration of insanity is requested.
Indication of the relationship existing between the applicant and the "insane person".
Indicate the facts that originated the request.
Indicate the property or properties of the "insane person", if any.
Submit a medical opinion diagnosing the insanity.
Each declaration of insanity requires the diagnostic of the Judicial Forensic Laboratory.