The Civil and Commercial Code of Argentina (in force since 2015) profoundly reformed the divorce regime: today there is no need to prove fault, give explanations to the judge, or wait extended periods. Either spouse may petition for divorce at any time, alone or jointly, and the court grants it without examining the reasons behind the decision.
This paradigm shift — from fault-based divorce to no-fault divorce — simplified the process but did not make it trivial: dissolution of marriage requires simultaneously resolving property, support, and child-related matters. We guide our clients through every step, from the initial decision to the final judgment and its registration.
If you or your spouse want to end the marriage definitively and legally, this is the path. In Argentina divorce does not require proving fault or giving explanations to the judge — either spouse may request it, alone or jointly, at any time (arts. 437 to 445 of the Civil and Commercial Code). Once decreed, the marital bond is dissolved and both parties regain their legal freedom to rebuild their lives. The same proceeding resolves practical matters: who stays in the home, how assets are divided, child support, and custody.
Unlike divorce, annulment does not dissolve a valid marriage — it declares that the marriage should never have been celebrated because a legal impediment existed from the outset. This occurs, for example, when one of the parties was already married, when consent was obtained by deception or duress, or when persons prohibited by law from marrying each other did so (arts. 424 to 430 of the Civil and Commercial Code). If the court declares the annulment, the marriage is treated as if it never existed — although the law protects the rights of the spouse who acted in good faith.
When a couple stops living together but has not yet initiated divorce proceedings, what is known as a de facto separation exists. Although it does not dissolve the marriage, asking the court to formally declare it has important consequences: from that moment onwards the spouses no longer inherit from each other, the duty of fidelity ceases, and that date can be critical in determining which assets are subject to division. It is especially useful when one spouse wants an official record of when the cohabitation broke down.
If you married outside Argentina and need that marriage to have legal validity in the country — for inheritance, immigration procedures, access to health insurance, or simply to register it with the Argentine Civil Registry — this is the process. Argentina recognises marriages celebrated abroad in accordance with the laws of the country where they were performed, provided they do not contradict the fundamental principles of the Argentine legal order (art. 2622 of the Civil and Commercial Code). Once recognised, the marriage produces all its legal effects in Argentina as if it had been celebrated here.
When a person wishes to divorce while also experiencing domestic violence, Argentine law allows the divorce to be combined with urgent protective measures in the same proceeding (Law 26.485 and arts. 661 et seq. of the Civil and Commercial Code). The court can simultaneously decree the divorce, order the exclusion of the abuser from the home, establish a restraining order, set child support and alimony, and resolve custody — all on a priority basis and with shorter timelines. Protection of the victim does not wait: precautionary measures can be issued immediately, even before the divorce proceedings conclude.
Art. 438 of the Civil and Commercial Code requires that the divorce petition be accompanied by a proposal regulating the effects of the divorce: division of assets, allocation of the family home, economic compensation, exercise of parental responsibility, child support and alimony. When both spouses reach an agreement, it is approved by the court and resolves everything in a single act. When there is no agreement, each spouse submits their proposal and the court resolves the differences after a hearing and presentation of evidence.
Art. 441 of the Civil and Commercial Code recognises economic compensation for the spouse for whom the divorce produces a manifest imbalance that implies a worsening of their situation compared to the marriage. It is a rebalancing instrument, not a punitive or maintenance measure. We assist clients both in claiming compensation and in defending against unfounded claims.