Legal advice on family law, Costa Rica Family lawyers

LEGAL ADVICE ON family law?

What are the legal processes in which ERP Lawyers can give me legal advice?

Our firm has expertise in various family law processes in which we can provide our services:

  • Divorces by mutual consent or other specific reason.
  • Alimony processes.
  • Recognitions of minor child
  • Scheduled visits for divorced parents.
  • Shared custodians
  • Exequatur: procedure by which a judge resolves a situation in another country and the Constitutional Chamber of Costa Rica accepts.

Can ERP Lawyers help me with the celebration of my civil marriage?

At ERP Lawyers we have public notaries with extensive experience who are responsible for celebrating civil marriages between Costa Rican citizens, between foreigners or between a Costa Rican and a foreigner. These legal unions can be carried out in our La Sabana office, in any part of the country or abroad, as per client request.

What are the requirements for civil marriage?

To engage in civil marriage, it is necessary that the couple present a series of information, documents and provide the witnesses so that the union is carried out without any inconveniences. The requirements are as follows:

  • Full name, nationality, date and place of birth
  • Civil status
  • Profession or occupation
  • Exact address of the room house of both
  • Identification number
  • Copy of the identity cards or identification of the parties and of two witnesses of legal age (they can be relatives and / or friends of the couple)
  • Name, nationality and identification number of the father and mother of each of the contracting parties
  • Physical address for sending notifications
  • Emails and telephones of the future spouses
  • Certification of the marital status of the contracting parties, issued by the Civil Registry. In case of being a citizen of another country, the Family Code of Costa Rica states: “The foreigner may prove his freedom of state by any means that merits faith to the official (affidavit or a civil certification of the country of origin, for example)”.

A certification indicating whether the parties have children or not.

What documentation must the witnesses carry?

For the civil marriage to take place, the couple must present two witnesses of legal age, who can read and write, and who may be relatives or friends of both, as established in Article 28 of the Family Code of Costa Rica. The following information is required from these witnesses

  • Full name
  • Profession or occupation
  • Exact address of the room house
  • ID or ID number and nationality
  • Civil status

Both witnesses, in turn, have the obligation to “declare under oath, on the freedom of state and legal capacity of the parties.”

Is ERP Lawyers responsible for the registration of the marriage?

Once the ceremony is over, an act will be drawn up that will be signed by the notary public, the parties and the witnesses. A copy of the record will be given to the new spouses.

After the ceremony, ERP will register the marriage before the Civil Registry, presenting an authorized copy of the marriage certificate and all the corresponding documentation to the parties; The process takes approximately 22 days.

In the case of foreign citizens, if they wish, we complement the service by offering the legalization of the Marriage Certificate, for registration in the respective country of origin.

Does ERP Lawyers provide divorce services?

At ERP we focus on offering this service by providing support to those who are going through this difficult process because a divorce, whether by mutual consent or another specific reason, is a delicate process that requires responsible and discreet legal advice, which assures our clients equitable results. Each of the parties must have a lawyer to defend their interests and ensure that the divorce is processed under even conditions, mainly in asset distribution.

What is the divorce process?

Divorce by mutual consent can be requested when both spouses decide to end their union; this can be requested at any time after the marriage. To process a divorce by mutual consent, the spouses must submit to the Family Court that corresponds and in a public deed, the following information:

  • Specify who will be responsible for the custody, upbringing and education of minor children.
  • Indicate which of the spouses will assume the alimony payment for the children or if both will be responsible.
  • Total amount of the alimony that one of the spouses agrees to pay to the other, if this were the case.
  • Agreed division of properties.

Divorce by the way of Court, on the other hand, is where one of the parties is not willing to divorce, so the intervention of a judge will be necessary.

At ERP Lawyers we deal with divorces professionally, if you have additional questions about Family Law services you can fill out our Contact form, call 2520-1122 or email us at [email protected]

Can ERP Lawyers guide me in my alimony process?

Yes, at ERP Lawyers we are experts in family law issues, we are also known for being more than the lawyer who guides in legal matters, our firm is responsible for becoming a guide, support and orientation for the client through the process.

What should the demand for alimony indicate?

According to the Costa Rican alimony Law, the alimony brief must indicate at least the following information:

  • Name, surnames and qualities of the person who claims, and the defendant
  • Name and surnames of the minor children.
  • Amount that the plaintiff seeks for each beneficiary.
  • A brief mention of economic possibilities of the defendant and needs of the beneficiaries.
  • Evidence that substantiates the claim.
  • Place to attend notifications.

With the service of the legal process, the Judge will determine a provisional alimony amount and indicate the date for the corresponding payment. If the defendant does not comply with the payment, an arrest warrant may be issued against him, unless he is under 15 years of age or over 71.

When does the alimony payment not apply?

Even though the law establishes that the lack of a job, salary or income are not important reasons for not paying an alimony, there are certain situations where the payment does not apply:

  • When the person in charge of paying alimony cannot provide it without neglecting their own sustenance or that of other individuals or minors who depend on him/her.
  • When the person who receives the alimony does not need it, because he has enough income.
  • When the beneficiary insults, defames or damages the person who provides the alimony (defendant).
  • If it is found that during the marriage, one of the spouses abandoned the house or committed adultery, the other is not obliged to pay alimony.
  • Alimony stops when an ex-spouse remarries or starts living with another partner.
  • When the children reach the age of 18 it is no longer obligatory to continue paying alimony, however, if they have not finished their studies, they have good grades and they are under 25 years old, the alimony continues to apply.

When dealing with a minor, the primary thing is to ensure that their basic needs are met, which is why effective and timely legal advice is vital.