Posts Tagged ‘Validity of Divorce’

Validity of Divorce of Made Abroad Part II

Validity of Divorce of Made Abroad

Step

The processing of Exequatur corresponds to the process is not contentious and is brought before the Civil Chamber of turn of the Superior Court of Justice. The application must contain:

1. Copy of DNI.
2. Original marriage certificate.
3. Foreign Judgement of Divorce, legalized by the Consulate of Peru and approved by the Ministry of Foreign Affairs and officially translated.
4. Evidence that the foreign decision was not appealed, legalized by the Consulate of Peru and approved by the Ministry of Foreign Affairs and officially translated.
5. Defendant Address (ex-spouse), if no demand made jointly.
6. Proof that the marital home was located at the place where Foreign Judgement was issued. Read the rest of this entry »

Validity of Divorce of Made Abroad

Validity of Divorce of Made Abroad

It is common to see the case of couples who marry in one country and another divorce, this is the case of spouses coming out of Peru in search of better job opportunities and welfare, or of Peruvians living abroad, for economic reasons, sentimental or family, celebrate your marriage in Peru with a Peruvian person or foreign, and then travel to continue their residence abroad. Later, when these couples decide to end the marriage bond that unites them, handled their divorce in a country other than that they were married. It is then that raises the concern or need to know what to do, if for some reason we want this divorce is valid also in Peru.

Peruvian law provides for this situation and set out in Title IV of Book X of the Civil Code, relating to private international law that the court rulings, including those that grant the divorce, which are issued by a foreign court may be approved and therefore full effect in Peru. For the Peruvian legal system, not just the legalization in the country of origin, but require the approval of the resolution judicial known for enforcement. Read the rest of this entry »