Family law

Our law firm, provides professional advice on family matters incorporating an analysis of the causes and the different legal alternatives to prosecute customer advocacy. On the other hand we have lawyers specialized in family law with vast experience in oral litigation processes in Family Court the procedure established by law that creates 19,968 new Family Courts. It is noteworthy that with the reform of family law proceedings 20,286 (Article 18) states that all procedures are followed before the family courts, the parties shall appear sponsored qualified to exercise the profession, with exceptions lawyer ago necessary to defend them by lawyers. In family matters we include the following:

1. Divorce mutual agreement, unilateral divorce, because divorce. Economic compensation.
2. Pension foods, food sales, increases in food, fulfillment of overdue pensions.
3. Termination of food.
4. personal care or custody.
5. Right of views or direct and regular.
6. research affiliation or parenthood.
7. Domestic violence.
8. Judicial Separation.
9. Immediate delivery.
10. Trials ban.
11. Adoption.
12. Authorization to leave the country.
13. Protective measures.
14. Custody.
15. Declaration of well familiar.
16. Among other procedures.

Divorce by mutual agreement, unilateral divorce, because divorce. Demand compensation and defense of Article 61 and following of the law 19.947.El right to seek divorce dissolving link is created with the law 19,947, published May 17, 2004, which establishes the termination of divorce and cohabitation fault divorce.

1) The divorce for cessation of cohabitation can be:

a) Uncontested Divorce: Application of both spouses before the family court in order to end the marriage, having to regulate matters such as food, personal care visits and when there are minor children. For it must have passed at least one year since the end of married life, which must be credited at trial. If the marriage took place after the entry into force of the new Law on Civil Marriage, the cessation of cohabitation must be accredited with the limitations set forth in the Act, which do not apply to marriages concluded before accession. The parties must accompany their demand an agreement governing their mutual relations and for their children and property.

b) Unilateral Divorce: Request for one spouse to the family court to end the marriage and being one of the requirements to have passed at least three years from the termination of the domestic partnership, which must be accredited the trial. If the marriage took place after the entry into force of the new Law on Civil Marriage, the cessation of cohabitation must be accredited with the limitations set forth in the Act, which do not apply to marriages concluded before accession. I on the mutual relations of the spouses, their children and property, shall be governed at trial. In these cases the judge may deny a divorce if the spouse requesting it breached its maintenance obligations during her cessation of cohabitation.

2) Divorce because:

Divorce because: It is that divorce is caused by fault attributable to the other, provided that this constitutes a serious violation of the duties and obligations under the marriage or of the duties and obligations towards their children, which becomes intolerable life common. It incurs such motions, among other cases, when any of the following events occurs: 1.- Attack against life or serious ill-treatment against the physical or mental health of the spouse or any child; 2.- serious and repeated the duties of cohabitation, relief and marriage fidelity own transgression. Continuous or repeated neglect of the common home, is a form of serious violation of the duties of marriage; 3.- Condemns executed for committing any of the crimes or misdemeanors against the family order and against public morality, or against persons referred to in Book II, Titles VII and VIII of the Penal Code, involving a serious breach of marital harmony; 4.- homosexual conduct; 5.- Alcohol or drug abuse that poses a serious threat to the harmonious coexistence between spouses or between them and the children impediment and 6ยบ.- attempt to prostitute the other spouse or children.

3) Financial compensation: The right of either spouse to demand financial compensation in cases not been able to develop a paid or have done so to a lesser extent, when it has had to devote to housework activity and care of the children during the marriage, under the provisions of Article 61 and following of the law 19,947 on marriage.
– Pensions food, food sales, increases of food, compliance with pension arrears. Is the right of children, parents and spouse for a parent, child or other spouse if (besides the other cases referred to in Article 321 of the Civil Code), provide the necessary resources to meet their needs with the single presentation demand food can be ordered interim, without waiting for final judgment. If the person must not voluntarily give alimony to their children, or is not possible to achieve a settlement, a lawsuit must be filed for alimony to the Family Court, as stated in Article 321 of the Civil Code. If the obligor lacks that economic power to pay maintenance can sue grandparents.
– Personal care or custody.

It is the right of the parent who does not hold personal care to apply when having such care is physically disabled or morally, in the case of both parents, or gross neglect, abuse, neglect or other causal qualified, when it comes to a parent, as stated in the law 16.618 of minors. In this type of trial all kinds of evidence, particularly examination of parenting skills is presented to demonstrate the inability of the parent, even if drug testing is the inability for consumption of drugs. Generally, the childcare is for the mother, as if the parents are separated in fact, unless both agree that corresponds to the parent.

– Law of visits.

It is the right of a father or mother who is unable to exert direct or regular contact, visits to sue the parent who holds personal care. It is a right that must be granted by the judge. In this type of trial is the judge who determines visitation if there is no agreement and the other parent prevented from exercising their right to visits.

– Domestic violence.

Any abuse that affects the life or physical or psychological integrity of who has or has had as the spouse of the offender or a de facto relationship with him; that is, relative by consanguinity or affinity in the entire straight line or collateral to the third degree of the offender, your spouse or your current partner, or when this behavior occurs between the parents of a common child, or a minor, elderly or disabled who is in the care or dependence of any member of the family. These issues will be seen by the family courts, where acts of domestic violence does not constitute a crime. The Public Ministry, where acts of domestic violence constitute a crime. This ministry shall comply with the relevant research in case the offense of habitual abuse is present if the respective Family Court it received the background. All this in the terms of Article 5 of Law 20,066 of domestic violence. The penalty may consist of imprisonment, fines and a score on the leaf background of the perpetrator.

– Custody.

Parental authority is the set of rights and duties pertaining to his father or mother on the property of their minor children. Typically, the exercise who have personal care of the child (custody) but can not be so either by parental consent or by court order. Parental authority can be exercised jointly by the parents, or can reside in one of them, by mutual agreement. If there is no agreement, it’s up automatically to the father, unless a court decision where the competent family court determines otherwise. If parents live apart, custody corresponds to that exerted by the personal care of the child / a.

– Research affiliation or parenthood.

It is the relationship of descent between two people, one of which is the parent of the other. The law, which determines affiliation based on certain assumptions, such as the presumption of paternity of children born in wedlock or voluntary recognition by the father, mother or both of the child, or the court judgment, this that is, when a court declares parenthood previously unknown or modify an already determined. They are competent to hear a judgment of parentage Family Court. In trials of affiliation, the law allows the investigation of paternity and maternity, using all kinds of tests. Currently, DNA testing is the safest method for the establishment of biological parentage and for determining paternity and / or maternity with almost complete certainty. The judge can give this test alone sufficient to establish paternity or maternity, or to exclude value. + The unjustified refusal of a party to the test will be performed claiming paternity or maternity, or lack thereof, as appropriate. It is understood that there is no unjustified if the party cited twice, does not attend the exam. NOT ONLY THE BIOLOGICAL FATHER CAN ACHIEVE filiation of a child, but also the Father PUTATIVE or apparent. Ie parent who has treated the child for 5 years or more (or more depending on the case) as a child, giving him name and fame of child treatment, which is called notorious possession.

– Adoption.

The act of receiving as legally own a child who is not biologically, to give affection and care to satisfy their spiritual and material needs. They can take in the first place, they can adopt Chilean or foreign marriages with permanent residence in Chile. In their absence, Chilean or foreign spouses do not reside in Chile. In the absence of marriage living in Chile or abroad, can apply for single people, divorced or widowed, Chilean or foreign, with permanent residence in the country. If there are several interested bachelors or widowers who meet similar conditions, the court preferred to whoever blood relative minor, and failing that, who has his personal care. It aims to provide a child who is in a state of neglect a stable family that meets both economic and spiritual needs.
– Protection measures.
Are those designed to protect and safeguard a child or teenager who is in a situation of vulnerability, or by mistreatment, abuse, exploitation, abandonment, etc. Among the various categories of this type of violence, also called domestic violence, they are distinguished which is exerted against the couple, against children and against the elderly, the first two being the most common forms of violence within families. One of the great pretensions of the legislation is to provide protection to victims of domestic violence, especially against women and children, assist victims. Regarding the role of family courts, they should be aware of reports of domestic violence, and if the acts are habitual nature of the crime of abuse, should submit the information to the public prosecutor, who, if deemed appropriate, you must start the investigation.

– Separation of Property.

Matrimonial regime is that every real or personal property that either spouse acquired for himself, is incorporated only in its heritage and therefore can sell, give and give without authorization. The assets of each spouse and his administration are kept separate before and during marriage. That is, “what’s mine is mine and what’s yours is yours.” This regime can be agreed before the marriage, in the same act of celebration (marriage contracts) or during the marriage. During the marriage the community property system can be replaced by the separate property.
– They have been authorized to leave the country.

The judge can replace the authorization of the parent who does not have the care of their minor children or is not there or without just cause refuses to grant it. To apply to the Family Court authorized the child to leave the country, you must present the child’s birth certificate, both parents, marriage certificate if applicable, and all those who blur the background reasons for the lower and convenience duration of the trip.

– Guards.

The guards are charges imposed on certain persons in favor of those who can not go by themselves or completely manage your business, and if you have low power to a parent, you can give them proper protection. Request that the judge is to determine who will be responsible for the care and / or property of a person under 18 years when their parents have died or are unable to do so.

– Nullity.

Application submitted to the family court when one of the grounds set out in the law, for a declaration that the marriage never existed. With divorce law the grounds for annulment was removed for incompetence Civil Registration Officer (married in other words wrong commune and was tested with 4 witnesses). There remain other grounds for annulment:

Inability of either party.

a) Link undissolved marriage.
b) The younger age.
c) Loss of use of reason.
d) mental incapacity to form the marital community.
e) Lack of judgment or discernment minimum marriage.

– Lack of free and spontaneous consent.
– Failure to formalities validity.
– Declaration of Family Well.

It is that statement that makes the family court on the property owned by either spouse and to serve as a principal residence for the family, for the owner spouse may not alienate or encumber the property voluntarily. Household assets: tata to ensure that the house where the family lives can not be sold, mortgaged etc. The main effect by the right of exclusion is that being declared a well as familiar, requires the consent of the other spouse to sell that property, without such consent, the sale would be void.

– Judgment Interdiction.

Request that is made to the judge to declare that a person is incapable of managing their property, either because they have some form of dementia or because squanders his possessions. Declared the ban, it will be necessary to ask the judge to appoint a guardian to be responsible for managing assets and represent the interests of that person.
– Judicial authorizations.

Request the family judge to give its consent to perform certain acts that require approval from the parent or the other spouse becomes.