In Costa Rica all divorce proceedings are regulated by the Family Code (Codigo de Familia). Chapter 7 of the Family Code sets forth the requirements for Divorce. Many are surprised to learn that in Costa Rica you cannot petition for divorce by mutual consent unless you have been married for at least 3 years.
If a couple has been married for at least 3 years then they may petition for divorce under the mutual consent provisions of the law. <P. In order to request a divorce by mutual consent the couple must provide a Notarized agreement of dissolution of marriage which must include the following as a minimum.
1. Child custody and parental visitation agreement. 2. The amount of child custody payments that are established and the percentage to which each party is obligated to pay. 3. Indicate the amount of spousal support to be paid, if applicable. 4. Agreement on the division of assets of the marriage.
When minor children are involved the Costa Rica Child Welfare Agency (PANI) will be given notice of the proceeding to ensure that the rights of the children are being contemplated. The Agency has the power to object any portion of the mutual consent agreement as it relates to the welfare of the children.
If there is no opposition by either parties then the Family Court Judge will issue their final judgment and accept the divorce by mutual consent and order the dissolution of the marriage.
