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Free Guide to Hiring a Family Lawyer
Marriage in San Justo is governed primarily by national Argentine law - the Civil and Commercial Code of the Nation - together with procedures administered by provincial and municipal civil registries. San Justo is the administrative center of La Matanza Partido in the Province of Buenos Aires, so many practical matters are handled locally at the Registro Civil of La Matanza and at local family courts. Argentina recognizes civil marriage between opposite-sex and same-sex couples under the national law enacted in 2010. Civil marriage is the legally recognized form that creates rights and obligations for spouses in areas such as property, pensions, inheritance, parental responsibilities and support.
People commonly seek legal advice about marriage for reasons that range from routine registration to high-conflict disputes. Typical situations include:
- Getting married when one or both partners are foreign nationals - document requirements, translations and legalizations can be complex.
- Drafting and registering prenuptial agreements - to establish a marital property regime or protect individual assets.
- Divorce or judicial separation - lawyers explain options, prepare filings, and represent clients in contested proceedings.
- Property division and pension claims - these may involve complex valuation and negotiation.
- Child custody, visitation and child support - family courts prioritize the best interests of the child and legal guidance is essential.
- Annulments or challenges to the validity of a marriage - where consent, capacity or legality is disputed.
- Name changes, recognition of foreign marriages, or administrative problems at the civil registry.
- Cases involving domestic violence - lawyers can help obtain protection orders and coordinate with public services.
Key legal and procedural aspects to know when dealing with marriage matters in San Justo include:
- Governing law: The national Civil and Commercial Code sets the substantive rules for marriage, marital property regimes, divorce, and parental rights. Local registries and courts implement these rules.
- Registration: Civil marriages must be registered at the Registro Civil. The municipal or provincial civil registry in La Matanza processes applications and issues marriage certificates.
- Age and consent: Generally both parties must be of legal age. Minors may marry only in exceptional cases with parental consent and judicial authorization. If you are under 18, seek specific legal advice.
- Foreign nationals: Non-Argentine citizens usually must present passport or valid ID, proof of legal stay if applicable, and a certificate of marital status from their home country. Documents often require legalization or apostille and certified translation by a traductor público.
- Property regimes and agreements: Couples can agree a marital property regime before marriage by means of a prenuptial agreement (capitulaciones matrimoniales). If no agreement exists, the default regime established by law applies. The choice of regime affects division of assets and liabilities on separation.
- Divorce and separation: Divorce is available through civil courts. Consensual divorces are typically faster and less costly than contested proceedings. Family courts handle custody, support and related matters.
- Parental rights and child support: Family law prioritizes the best interest of the child. Courts set custody, visitation and maintenance (pensión alimentaria) based on the childs needs and parents financial capacity.
- Protection measures: Courts can issue protection orders and other urgent measures in cases of domestic violence. Public agencies and social services may also be involved.
Basic documents usually include valid identification (DNI for Argentine citizens, passport for foreigners), birth certificates, proof of residence, and a certificate of marital status or single-status certificate if requested. Foreign documents often require an apostille or legalization and a certified Spanish translation. The Registro Civil will provide the specific checklist based on your situation.
Yes. Foreigners can marry in San Justo, but they must meet civil registry requirements, present proper identification, and often provide a certificate proving they are free to marry. Immigration status may affect practical steps. Because rules for foreign documentation differ by country of origin, consult the local Registro Civil or a lawyer to prepare the correct paperwork.
Yes. Argentina legalized same-sex marriage nationwide in 2010. Same-sex couples have the same civil rights and access to marriage registration, divorce, adoption and parental rights as opposite-sex couples.
A prenuptial agreement is not required, but it can be useful if you want to define the property regime, protect pre-marital assets, establish financial arrangements, or set expectations for business ownership. Because consequences differ depending on your goals and assets, consult a lawyer before signing any agreement.
Property division depends on the marital property regime that applies to your marriage. If you entered a prenuptial agreement, that document usually governs. If not, the default regime specified by law will apply. Division can involve negotiated settlement or court adjudication. A lawyer can explain the applicable rules and help calculate and negotiate fair distribution.
You can pursue a consensual divorce if both parties agree on terms such as property division, spousal support and child arrangements. If there is no agreement, you must file a contentious divorce and the family court will decide disputed issues. Timeframes, costs and evidence requirements vary between consensual and contested cases.
Family courts focus on the childs best interests. Custody (guardia and crianza), visitation and parental responsibilities are decided based on factors like the childs relationship with each parent, stability, and each parents ability to provide care. Child support is calculated considering the childs needs and the parents financial capacity. A lawyer or social worker can help prepare the necessary evidence and proposals.
Yes. A marriage can be declared null in cases such as lack of valid consent, bigamy, incapacity, or severe legal defects. Annulment criteria are specific and often time-sensitive, so you should seek legal advice promptly if you believe a marriage is invalid.
If you or someone else is in immediate danger, contact the police and emergency services. Family courts can issue protection orders and urgent measures to separate abusers from the victim. Public defenders, victim assistance units and social services can also provide support. Lawyers experienced in domestic violence cases can help obtain protective measures and guide interactions with authorities.
Costs vary widely based on the lawyer, the complexity of the case, and whether the matter is consensual or contentious. Some lawyers charge fixed fees for routine matters like marriage registration assistance or prenuptial agreements, while more complex litigation is often billed by the hour or on a case basis. Low-income residents may qualify for legal aid or public defenders through provincial programs. Always obtain a fee estimate and a written engagement agreement.
When seeking help or authoritative information in San Justo, consider these local and provincial resources:
- Registro Civil - municipal and provincial offices that handle marriage registration and certificates.
- Juzgados de Familia - family courts in La Matanza that hear divorce, custody and protection matters.
- Colegio de Abogados de La Matanza - a local bar association where you can find certified lawyers and verify credentials.
- Dirección Provincial del Registro de las Personas - for matters involving identity documents and civil status at the provincial level.
- Ministerio de Justicia y Derechos Humanos de la Provincia de Buenos Aires - for policy, legal frameworks and access to public legal assistance.
- Public defender services and legal aid programs - for individuals who cannot afford private counsel.
- Certified translators - traductores públicos - for translations of foreign documents that must be submitted to authorities.
If you need legal assistance regarding marriage in San Justo, consider this practical plan:
- Gather basic documents: IDs, birth certificates, proof of residence, and any foreign certificates regarding marital status. Having these ready will speed up consultations.
- Identify your issue: registration, prenup, divorce, custody, or emergency protection. Clear objectives help your lawyer give focused advice.
- Contact the Registro Civil to confirm local documentary and procedural requirements for marriages or civil records.
- Consult a lawyer experienced in family law. Prepare a short list of questions and bring copies of your documents. Ask about fees, likely timelines and alternative dispute resolution like mediation.
- If cost is a concern, ask about public legal aid, the public defender office, or pro bono services through the Colegio de Abogados.
- In emergencies involving safety, call the police and request immediate protective measures. Follow up with a lawyer to file civil protection requests and to access social services.
Taking these steps will help you understand your rights, prepare necessary paperwork, and choose the most suitable legal path for your circumstances in San Justo.
