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Free Guide to Hiring a Family Lawyer
Marriage in Córdoba is governed primarily by national law - the Código Civil y Comercial de la Nación - together with provincial administrative rules for registration and procedures maintained by the Registro Civil de la Provincia de Córdoba. Marriage is a civil institution that creates legal rights and obligations between spouses - including property relations, parental rights and duties, inheritance rights and obligations for support. Argentina recognizes same-sex marriage nationwide. In practice, legal formalities take place at the civil registry, and couples can also choose to have a religious ceremony if the officiant is authorized to register the marriage or the couple separately registers the civil marriage.
Many couples can complete a straightforward civil marriage with minimal legal help. However, there are common situations where a lawyer is advisable or necessary:
- Prenuptial agreements or capitulaciones matrimoniales to set the property regime and avoid later disputes.
- International marriages involving foreign nationals, where foreign documents need translation, apostille or legalisation, and status verification.
- Complex asset portfolios - businesses, real estate, trusts or cross-border assets - where careful planning can protect interests.
- Disputes about property, support, child custody, visitation and parental authority during separation or after divorce.
- Cases involving underage prospective spouses that require judicial authorization.
- Allegations of fraud, coercion or impediments to marriage that could lead to annulment proceedings.
- Domestic violence, protection orders and urgent measures for the safety of a spouse or children.
- Estate planning and succession issues that intersect with marital property rules and inheritance rights.
Key legal points to know about marriage in Córdoba and Argentina generally:
- Governing law - The Código Civil y Comercial de la Nación regulates the substantive law of marriage across Argentina. Provincial authorities handle registration, formalities and administrative steps.
- Age requirements - The general minimum age to marry is 18 years. Persons aged 16 and 17 may marry only with parental consent and judicial authorization. Marriages under 16 are not permitted.
- Same-sex marriage - Legal and fully recognized nationwide since 2010. Same-sex couples have the same access to marriage, divorce, adoption and other family law rights.
- Property regimes - Couples may enter into marriage with an agreed property regime through capitulaciones matrimoniales. Common regimes include separation of property and joint ownership regimes. If there is no written agreement, the law sets a default regime and rules on administration, disposal and division of assets.
- Union convivencial - The Civil and Commercial Code recognizes and regulates de facto unions with certain protections and consequences distinct from marriage.
- Divorce and separation - Argentine law allows divorce without requiring proof of fault. Divorce processes can be consensual or contested and will address property division, spousal support and arrangements for children. Procedures and timelines vary depending on whether the parties reach agreement.
- Children - Parental rights and duties - including custody, visitation and child support (alimentos) - are treated as separate matters from the matrimonial bond and are resolved with the childs best interest as guiding principle.
- Foreign documents - Foreign birth certificates, single status certificates and other documents typically require official translation and an apostille or legalisation to be accepted by Argentine authorities.
Basic documents usually include national identity document (DNI) for Argentine citizens or passport and identity for foreigners, birth certificates, proof of single status or civil status certificate, and any required judicial or parental authorizations for minors. If one or both parties are foreign nationals, documents issued abroad generally require an apostille and official Spanish translation. The Registro Civil will give the exact list and requirements at the time of application.
Yes. Foreigners can marry in Córdoba. Common extra steps include obtaining and presenting an apostilled birth certificate, proof of single status, passport, and a consular affidavit if required by the Registro Civil. Documents in another language must be officially translated to Spanish. Check whether your home country needs any consular formalities before or after the marriage.
Yes. Same-sex marriage is legal throughout Argentina and has the same legal consequences as opposite-sex marriage, including rights related to adoption, inheritance, social security and pension benefits.
A prenuptial agreement, known locally as capitulaciones matrimoniales, is a written contract between prospective spouses that sets the property regime and details how assets and liabilities will be managed or divided. It can be advisable when one or both parties have significant assets, business interests, children from prior relationships, or when parties want to clarify financial expectations. A lawyer can draft and register a clear agreement to reduce future disputes.
If no marital agreement is executed, the Código Civil y Comercial provides default rules about ownership, administration and division of assets. The exact consequences depend on whether assets are pre-existing, acquired during marriage, or received as inheritance or gift. Because these rules can be complex and have long-term consequences, many people consult a lawyer to understand the default regime and alternatives.
Marriages are registered at the Registro Civil de la Provincia de Córdoba. You must present required documents and complete any waiting periods imposed by the registry. Timeframes vary depending on whether documents are domestic or foreign, whether translations or apostilles are needed, and the registrys workload. Start the process well in advance if you have foreign documents or special circumstances.
Upon separation or divorce, spouses must sort out property division according to the agreed or legal regime, which may involve negotiation, mediation or court proceedings. Property acquired during marriage and property held in each spouses name can be treated differently under the law. Complex assets, businesses and cross-border holdings can make division contentious - in such cases a lawyer and financial experts are often necessary.
Decisions about custody, parental authority, visitation and child support prioritize the childs best interests. Parents can reach agreements and submit them to the judge or handle the matter through mediation. If parents cannot agree, the family courts decide and may order evaluations or social reports. Child support is a continuing obligation and enforcement mechanisms exist if payments are not made.
Yes, an annulment or an action to declare a marriage void may be possible in cases where legal impediments existed at the time of marriage - for example, fraud, coercion, bigamy, incapacity to consent or lack of required authorizations for minors. Annulment processes are technical and time-sensitive, so consult a lawyer promptly if you believe an annulment claim exists.
Domestic violence is taken seriously. Victims can seek immediate protection measures from the police, request restraining orders and access emergency assistance through public services. The public prosecutor and family courts can issue protection orders and other urgent measures. Contact authorities, a public defender or a lawyer specialized in family and gender violence to secure protection and legal support.
Institutions and resources that can help:
- Registro Civil de la Provincia de Córdoba - for registration rules, required documents and appointments.
- Ministerio Público Fiscal and Judicial Family Courts - for court procedures related to divorce, custody and protection orders.
- Colegio de Abogados de Córdoba - for referrals to qualified family law attorneys and ethics oversight.
- Defensoría General de la Provincia de Córdoba - for public defender services and legal aid if you cannot afford a private lawyer.
- Ministerio de Justicia y Derechos Humanos de la Nación - for information on national family law and procedures.
- Instituto Nacional contra la Discriminación, la Xenofobia y el Racismo - INADI - for discrimination issues related to marriage and family status.
- Local NGOs and support organizations that assist victims of domestic violence, provide counseling and help with emergency housing.
If you are planning to marry and need legal assistance, use this practical sequence:
- Gather basic documents - ID, birth certificates, proof of civil status and any prior divorce or death certificates. If any documents are foreign, check apostille and translation requirements early.
- Contact the Registro Civil de la Provincia de Córdoba to confirm required documents, fees and appointment availability.
- If you have assets, businesses or children from other relationships, consult a family law attorney before signing any prenuptial agreement or completing registration.
- If a spouse is a foreign national, start the document legalization and translation process well before the intended wedding date.
- For disputes, domestic violence or urgent protective actions, contact police, the family prosecutor, a public defender or a specialized lawyer immediately.
- When choosing a lawyer, verify experience in family law, ask about fees and get a clear engagement agreement. If cost is a barrier, explore legal aid through the Defensoría Pública or local legal assistance programs.
Legal issues around marriage can have lasting personal and financial consequences. Early planning, clear documentation and professional legal advice help avoid surprises and protect your rights and those of any children involved.
