Best Marriage Lawyers in San Martin
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
List of the best lawyers in San Martin, Argentina
1. About Marriage Law in San Martin, Argentina
In San Martin, as in the rest of Argentina, marriage is governed primarily by national law. Since 2015, the governing framework is the Código Civil y Comercial de la Nación, which sets the rules for who may marry, how marriages are registered, and the rights and obligations of spouses. Local authorities in San Martin administer civil ceremonies through the Registro Civil and handle certificates, registrations and related procedures.
Argentina recognizes civil marriage as the sole basis for marriage in most cases, with religious ceremonies being separate events. Same sex marriages are legally valid nationwide, and the regime of matrimonial property can be chosen by the spouses either at the time of marriage or later by agreement. Documentation, residency rules, and procedural steps are implemented at the provincial level by the Registro Civil of Buenos Aires Province, which includes San Martin.
Recent developments emphasize streamlined processes for foreign-born spouses and the recognition of marriages performed abroad, with appropriate apostilles, translations, and civil registry communications. For anyone planning to marry in San Martin, understanding both the national framework and the local registry requirements is essential.
2. Why You May Need a Lawyer
Hiring a lawyer can prevent delays and protect your rights during the marriage process in San Martin. Below are concrete scenarios where professional legal guidance is particularly valuable.
- Foreign nationals planning to marry in San Martin must obtain the appropriate capacity and proof of marital status from their home country, arrange translations, and complete apostilles. A lawyer can coordinate documents with the Registro Civil to avoid delays.
- You are applying for a same sex marriage. A lawyer can ensure the filing meets all national and provincial requirements, addresses potential consents, and handles any registry questions about the matrimonial regime you choose.
- One partner is under 18 or requires parental or judicial authorization. A lawyer can explain the legal age restrictions, gather necessary consents, and help prepare for any court involvement required by the law.
- You plan a premarital agreement or a change of matrimonial property regime. A lawyer can draft enforceable provisions, explain likely tax implications, and file the necessary registry notices.
- You need to recognize a foreign marriage or divorce. A lawyer can assist with apostille, translation, and registration so the foreign status is properly acknowledged in San Martin.
- You anticipate future custody, inheritance or spousal support considerations. A family-law attorney can advise on protections and ensure documentation aligns with Argentine law and local practices in San Martin.
3. Local Laws Overview
The following laws and regulations shape marriage in San Martin, reflecting both national statutes and provincial administration in Buenos Aires Province.
- Código Civil y Comercial de la Nación - Governs marriage consent, capacity, formalities and the framework for matrimonial property regimes. In effect since 1 August 2015, it unified civil and commercial norms and applies across Argentina, including San Martin.
Source: infoleg.gob.ar - Código Civil y Comercial de la Nación
- Ley de Matrimonio Igualitario - Legalizes and regulates marriage between persons regardless of gender. Promulgated in 2010, it ensures equal access to marriage for all residents of Argentina, including those in San Martin.
Source: argentina.gob.ar - Matrimonio Igualitario
- Reglamento de Registros Civiles de la Provincia de Buenos Aires - Provincial rules that govern how marriages are registered, certificates issued, and how the Registro Civil operates within San Martin. The regulation has undergone updates since its initial adoption to reflect national changes and local practices.
Source: gba.gob.ar - Registro Civil (Provincia de Buenos Aires)
4. Frequently Asked Questions
What documents do I need to marry in San Martin?
Typically you will need a valid photo ID, birth certificates, proof of nationality, and any previous divorce or death certificates if applicable. Foreign documents usually require translation and apostille. The Registro Civil can provide a precise checklist for your situation.
How do I start the marriage process in San Martin?
Visit the local Registro Civil in San Martin to submit your applications and documents. Some steps can be completed online or by appointment, but you must finalize the ceremony at the registry with the required witnesses and fees.
How much does a marriage ceremony cost in San Martin?
Costs vary by registry and whether you require a simple civil ceremony or a customary celebration. Expect fees for the civil ceremony, certificates, and possible translations or apostilles for foreign documents.
How long does the marriage process take in San Martin?
Processing can take several weeks from document submission to the ceremony, particularly if foreign documents require translation or legalization. Delays can occur if documents are incomplete.
Do I need to be a resident of San Martin to marry there?
No, residency is not always required, but you must comply with the Registro Civil requirements and provide valid identification and documentation. Foreign nationals may have additional steps.
What is the minimum age for marriage in Argentina?
The general minimum age is 18. Minors (16-17) may marry only with judicial authorization and parental consent, subject to provincial regulations and court approval.
Can foreigners marry in San Martin?
Yes. Foreign nationals can marry in Argentina, provided they meet the documentation, translation, and apostille requirements. The Registro Civil coordinates verification of status and proper recording.
Should I hire a lawyer for a prenuptial agreement in San Martin?
If you plan to set a specific matrimonial property regime or protective provisions, a lawyer can draft a prenup that is legally enforceable and aligned with the national and provincial rules.
Is same-sex marriage recognized in San Martin?
Yes. Argentina recognizes same-sex marriages nationwide, including in San Martin, and couples have the same rights and obligations as opposite-sex couples.
Do I need to publish banns or notices before marrying?
In Argentina, banns are not generally required for civil marriages. The Registro Civil will inform you if any publication or notice is necessary for your case.
How long does a foreign divorce take to be recognized in Argentina?
Recognition depends on the foreign judgment and its apostille and translation. The Registro Civil will determine the steps to effect recognition in Buenos Aires Province.
What is the difference between civil and religious marriage in Argentina?
A civil marriage is a legal contract registered with the state. A religious ceremony is a separate event that can accompany the civil marriage but does not substitute the civil act.
5. Additional Resources
- Registro Civil y Capacidad de las Personas - Provincia de Buenos Aires - Official provincial authority handling marriage registrations, certificates, and civil documents. https://www.gba.gob.ar/justicia/registro_civil
- InfoLEG - Portal de Legislacion Nacional - Central source for national laws including the Código Civil y Comercial de la Nación and Matrimonio Igualitario. https://www.infoleg.gob.ar
- Argentina Gobierno - Matrimonio Igualitario - Official overview of rights and procedures for same-sex marriage in Argentina. https://www.argentina.gob.ar
6. Next Steps
- Identify whether you are filing as a local resident of San Martin or as a foreign national and collect initial information from the Registro Civil.
- Gather key documents (identifications, birth certificates, and if applicable, divorce decrees or death certificates of prior spouses) and arrange translations and apostilles for any foreign documents.
- Schedule a consultation with a Matrimony or Family law attorney to review your case, including the matrimonial regime and any prenuptial considerations.
- Submit your application and required documents to the Registro Civil de San Martin and confirm whether any additional provincial requirements apply.
- Decide on the matrimonial property regime and, if needed, have a lawyer draft a prenuptial agreement for filing with the registry.
- Attend the civil ceremony on the scheduled date and obtain the official marriage certificate after the ceremony.
- After marriage, update personal records (identity documents, tax status, and insurance) and, if marrying abroad, obtain recognition of the marriage in other jurisdictions as needed.
Lawzana helps you find the best lawyers and law firms in San Martin through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Marriage, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in San Martin, Argentina — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.