Family Law in Bolivia
Family law in Bolivia is primarily governed by the Bolivian Family and Family Procedure Code (Código de las Familias y del Proceso Familiar), which was enacted in 2015. This law emphasizes gender equality, the best interests of children, and the protection of family rights. Below are key aspects of family law in Bolivia:
1. Marriage and Civil Unions
Legal marriage is recognized between a man and a woman, but Bolivia also allows de facto unions (uniones libres), which grant similar rights as marriage if cohabitation is proven.
Marriage must be civil to be legally recognized.
Same-sex marriage is not legally recognized in Bolivia.
There are specific grounds for annulment and divorce, including infidelity, domestic violence, and abandonment.
2. Divorce
Divorce in Bolivia does not require proving fault; mutual consent or irreconcilable differences are sufficient.
A fast-track divorce process is available if both parties agree.
Property acquired during marriage is generally considered joint property and is divided equally unless stated otherwise in a prenuptial agreement.
3. Parental Rights and Child Custody
Both parents have equal rights and responsibilities over their children.
In cases of separation or divorce, custody is typically awarded based on the best interests of the child.
If one parent is unfit (e.g., due to abuse or neglect), the other parent may receive sole custody.
4. Child Support
Parents are legally required to provide for their children until they turn 25 if they are studying; otherwise, the obligation ends at 18.
The amount of child support depends on the parent’s income and the child’s needs.
Failure to pay child support can lead to legal consequences, including wage garnishment or imprisonment.
5. Domestic Violence and Protection Orders
Bolivia has strict laws against domestic violence, particularly under Law 348 (Law to Guarantee Women a Life Free of Violence).
Victims can seek protective measures, and perpetrators can face criminal charges.
Special courts handle domestic violence cases.
6. Adoption
Adoption is strictly regulated and must go through legal procedures to ensure the child's best interests.
Both Bolivian citizens and foreigners can adopt, but international adoptions require government approval.
7. Inheritance and Succession
Bolivian law protects forced heirs, meaning children and spouses are entitled to a portion of the estate.
Wills can dictate inheritance, but they cannot exclude legal heirs unless there is a justified reason.
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