Best Marriage Lawyers in San José

About Marriage Law in San José, Costa Rica

Marriage in San José, Costa Rica, is governed by a combination of national legislation and local customs. The legal age for marriage is 18 years, but individuals as young as 15 can marry with parental consent. The marriage process starts with a preparatory phase, including the submission of necessary documents and affidavits, followed by a civil ceremony officiated by a legally authorized individual. Costa Rica recognizes both civil and religious marriages, with civil marriages being the legally binding ones. Marriage laws in San José ensure the protection of rights for both spouses and address matters related to property, children, and spousal support.

Why You May Need a Lawyer

Legal advice is essential in various marriage-related scenarios. You may require a lawyer to draft a prenuptial agreement, assist with divorce proceedings, or navigate the complexities of international marriages if one or both partners are expatriates. Lawyers can also help with matters involving child custody, property division, and alimony. In situations where disputes arise or in the case of domestic violence, legal expertise is crucial to ensure the protection of rights and compliance with local laws.

Local Laws Overview

The legal framework for marriage in San José is primarily set out in the Costa Rican Civil Code. Some critical aspects of local marriage laws include:

• Property Regime: Married couples can choose from different property regimes, affecting ownership and responsibility for jointly acquired assets.
• Spousal Support: Provisions for alimony and spousal support are defined, ensuring one partner does not face undue hardship post-separation.
• Child Custody and Support: Laws protect the rights of children, with focus on their best interest in matters of custody and financial support.
• Divorce: Divorce can be obtained by mutual consent or through legal proceedings in case of irreconcilable differences.
• Recognition of Foreign Marriages: Marriages performed abroad are recognized, but require specific documentation for legal acknowledgment in Costa Rica.

Frequently Asked Questions

1. What is required to get married in San José?

You need valid identification, a sworn statement of your marital status, and, if applicable, a divorce certificate from any previous marriage. Foreigners must prove their legal status in Costa Rica.

2. Is a civil marriage mandatory?

Yes, only civil marriages are legally recognized in Costa Rica, though you can have a religious ceremony as well.

3. Can same-sex couples marry in San José?

Yes, same-sex marriage has been legal in Costa Rica since May 2020.

4. What property regime options do we have?

Couples can choose a community property regime, separate property regime, or a partnership of gains (sociedad de gananciales).

5. How does one register a foreign marriage?

Submit your foreign marriage certificate, duly apostilled or legalized, to the Costa Rican Civil Registry with a certified Spanish translation.

6. What are the grounds for divorce?

Common grounds include mutual consent, irreconcilable differences, infidelity, and domestic violence.

7. What happens to children after a divorce?

The court decides on custody based on the child's best interests, considering both parent's ability to provide and care.

8. Are prenuptial agreements enforceable?

Yes, provided they are documented in writing and do not contravene public policy or civil code regulations.

9. How is alimony determined?

Alimony depends on the needs of the spouse requesting it and the financial ability of the other spouse, assessed on a case-by-case basis.

10. Can foreigners own property together?

Yes, foreign spouses can own property under the chosen marital property regime.

Additional Resources

Several resources are available for those seeking legal guidance on marriage in San José:

• Costa Rican Civil Registry: Handles the registration of marriages and divorces.
• Family Courts: Specialize in matters concerning marriage disputes, child custody, and support.
• National Institute for Women (INAMU): Provides support for domestic violence issues.
• Bar Association of Costa Rica: Can help you find certified family law attorneys.

Next Steps

If you need legal assistance regarding marriage in San José:

1. Determine the specific type of legal help you need (e.g., prenuptial agreements, divorce proceedings).
2. Consult with a legal professional specializing in family law for personalized advice.
3. Gather relevant documentation such as identification, previous divorce certificates, and financial records.
4. Contact the aforementioned resources for additional support and guidance.
5. Proceed as advised by your legal counsel to ensure compliance with local regulations.