Best Family Lawyers in Cabo San Lucas

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De Hoyos Aviles

De Hoyos Aviles

Cabo San Lucas, Mexico

Founded in 1964
50 people in their team
De Hoyos y Aviles is a Mexican Law Firm founded in 1964. Its partners have an overall experience of at least twenty years working on real estate and...
English
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About Family Law in Cabo San Lucas, Mexico:

The family law in Cabo San Lucas, Mexico is governed by both federal and local laws. This area of law involves a range of matters, including marriage, divorce, alimony, child custody and support, adoption, domestic violence, and paternity issues. The procedures and regulations can vary, however, most matters are ruled according to the Mexican Civil Code. Both Mexican nationals and foreigners residing in Mexico must abide by these laws when it comes to family matters.

Why You May Need a Lawyer:

Legal assistance is often needed in complex family matters. These can include situations like filing for divorce, negotiating child custody and support, drafting prenuptial agreements, adopting a child, or seeking protection from domestic violence. A knowledgeable local attorney can help to navigate through the legal procedures and ensure that your interests are represented effectively.

Local Laws Overview:

In Cabo San Lucas, family law is mainly governed by the federal Civil Code with minor variations at the state level. The Civil Code outlines the rights and obligations regarding family matters such as marriage, divorce, obligations between spouses, parental rights, and inheritance. For example, under Mexican law both spouses retain their own property acquired before marriage whilst assets acquired during the marriage are generally considered joint property. Also, Mexico recognizes same-sex marriage, and has specific provisions concerning child custody and alimony post-divorce.

Frequently Asked Questions:

Can foreigners get married in Cabo San Lucas?

Yes, foreigners can get married in Cabo San Lucas. However, they will need to fulfil certain requirements beforehand, such as obtaining a tourist permit and supplying necessary documentation.

Is same-sex marriage recognized in Cabo San Lucas?

Yes, all states in Mexico, including Baja California Sur (where Cabo San Lucas is located) recognize same-sex marriages.

What are the requirements for child custody in Cabo San Lucas?

Child custody is determined based on the best interest of the child. The court takes various factors into account including parental ability, stability of the home, child's age and preference, among others.

How are assets divided in a divorce?

Typically, assets acquired during marriage are considered joint property and thus divided equally amongst the spouses after a divorce.

Are prenuptial agreements recognized in Cabo San Lucas?

Yes, prenuptial agreements are recognized in Cabo San Lucas, though they must meet certain legal requirements to be valid.

Additional Resources:

Various resources available for further information include the Federal Civil Registry Office, the State Civil Registry Office of Baja California Sur, local legal aid organizations, the local Bar Association, or Mexico's General Directorate of Legal Affairs.

Next Steps:

If you require legal assistance concerning family matters in Cabo San Lucas, it's recommended to consult a local lawyer specializing in family law. They can provide advice tailored to your situation and assist in navigating through the legal procedures. It may be worthwhile to reach out to consulates or embassies as they often provide lists of local attorneys to their citizens abroad.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.