Family Law in Paraguay
Paraguay's family law is primarily governed by the Civil Code of Paraguay (Law No. 1183/85), which outlines legal matters related to marriage, divorce, child custody, adoption, and other familial relationships.
Marriage
Legal Framework: Marriage in Paraguay is both a legal and cultural union. The Civil Code stipulates that the legal age for marriage is 18 for both men and women. Exceptions are made for younger individuals provided they have parental consent and judicial authorization. Marriages must be registered with the Civil Registry to be legally recognized.
Divorce
Introduction and Process: Divorce was legalized in Paraguay in 1992, following decades of opposition from the Catholic Church. Initially, couples could only initiate divorce proceedings after three years of marriage; this waiting period was removed in 2015. Under the Civil Code, both spouses can apply for a divorce. However, societal stigma persists, and many women may not be fully aware of their rights to divorce.
Child Custody
Parental Rights and Practices: The Law on Minors ensures that both mother and father share equal rights and obligations for their children following divorce. In practice, minor children typically remain with the mother, and there is little enforcement of fathers' child support obligations.
Adoption
Procedures and Regulations: Adoption in Paraguay requires a comprehensive legal process, including background checks, home studies, and court hearings. Prospective adoptive parents must meet specific criteria set by the government.
Legal Assistance
Navigating family law matters in Paraguay can be complex, especially for expatriates or individuals with international connections. Consulting with legal professionals experienced in Paraguayan family law is advisable to understand and protect your rights. Directories such as Lawzana provide listings of family law attorneys in Paraguay to assist individuals in finding appropriate legal representation.
Note: Family laws are subject to change, and interpretations can vary. It's essential to seek current legal advice tailored to your specific circumstances.
RELATED Blog
0 comments