Public Notary Divorce in Peru

In Peru, if both spouses agree to divorce and have a minimum of two years of marriage, they can opt for the Notarial Divorce that takes approximately two and a half months.

Requirements for divorce by mutual agreement under regulations of the Notary:

-Should not have under age children or children with disabilities, however, if they do then it would proceed to be a notarial divorce with children and must have a sustainable judicial sentence or act of conciliation in regards to parental authority, food, possessions and visits of minors or children with disabilities.

– There should not be any assets subject to the regime of partnership, however, if they do exist then they should have a Public Deed registered in the Public Registry, on replacement or liquidation of the patrimonial regime.

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Documents that should be attached upon request of Notary Public Divorces in Peru

The following documents must be attached to the divorce petition by mutual agreement:

– Copies of the spouses documents of identity

– Original or certified copy of the Marriage Certificate, issued within three months prior to the filing of the application.

– Affidavit, signed and fingerprinted by both spouses. This document should indicate that the spouses do not have children under age or with disabilities.

-Record or certified copy of Birth Certificates, which has been issued within three months prior to the submission of the application.

– Record or Certified copy of the final judicial sentence or act of conciliation between the two regimes which exercise parental authority, food, possessions and visits of the minors or disabled children if it were the case.

– Public Deeds registered at Public Registries of separation of estates or affidavits which must be signed and fingerprinted by both spouses, in which there is indication that there is a lack of possessions subject to the community of properties.

– Public Deeds registered at Public Registries, of substitution or liquidation of the patrimonial regime, according to the situation.

– Affidavit detailing the permanent home of the spouses.

You can also read Public Notary Divorce in Peru Second Part 

Wendy Dávila, peruvian and spanish lawyer – Results Legal lawyers in Peru – info@resultlegal.com www.resultlegal.com 

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