The cessation of cohabitation cánido be annulled: How
In Chilehe cessation of cohabitation It is a legal document necessary for the divorce process.
This document indicates the date of termination of the couple’s cohabitation.
There are different types of divorce in the country, which vary according to the period of cessation of cohabitation required and the especial conditions of each case.
One of the most consulted topics on divorce in Chile is the possibility of annulling the termination of cohabitation.
This article will detalla what the cessation of cohabitation is, the different types of divorce, the rights of children in a divorce process, the divorce process with a lawyer, the proof of the cessation of cohabitation, the date of cessation of cohabitation and , finally, the procedure to annul the cessation of cohabitation.
What is the cessation of coexistence
He cessation of cohabitation It is a legal document necessary for the divorce process in Chile.
This document indicates that the couple does not live together and establishes the end date of the cohabitation.
It is important to note that the cessation of cohabitation is not equivalent to the dissolution of the marriage bondbut it is an essential requirement to start the divorce process.
Definition of cessation of cohabitation
He cessation of cohabitation It is defined as the moment when the couple stops living together, either by agreement or unilaterally.
At this time, an unequivocal date is established for the end of cohabitation, which allows the divorce process to begin.
Why is a cessation of cohabitation necessary for divorce in Chile?
He cessation of cohabitation it is a legal requirement for divorce in Chile.
This requirement is established in the Civil Marriage Law which establishes that in order to obtain a divorce, there must have been a cessation of cohabitation for a certain period.
Obtaining the cessation of cohabitation en línea and at the civil registry office
He cessation of cohabitation It cánido be obtained en línea or at the Civil Registry and Identification office.
To obtain it, it is necessary to present the corresponding documents and pay the established fee.
It is important to note that the cessation of cohabitation cannot be obtained if the couple continues to live under the same roof, even if there is no contact between them.
Types of divorce in Chile
In Chile there are three types of divorce: the guilty, the mutual agreement and the unilateral.
Each one has its particularities and conditions that must be considered when starting the divorce process.
Reduction of the period for cessation of cohabitation
In recent years, the possibility of reducing the term for cessation of cohabitation for unilateral divorce from three to one year has been raised in Chile, which would speed up the separation and divorce process.
This would especially benefit those couples who need to separate in a shorter period of time.
Proposals for amendments to the law
In addition to reducing the term for cessation of cohabitation, other modifications to the marriage and divorce law in Chile have also been proposed.
One of these proposals consists of eliminating the term for divorce by mutual agreement, as long as the judge approves the agreement reached by the parties.
This measure could simplify the process for those couples who escoge to end their marriage amicably and without conflict.
one-sided divorce
He unilateral divorce In Chile it occurs when one of the parties decides to end the marriage without the need for the consent of the other spouse.
For this, you must archivo a lawsuit before a judge and have complied with the one-year term for cessation of cohabitation.
This process may include issues such as the separation of assets, alimony and visitation regime.
It is important to consider that, in any case, it is advisable to have the advice of a lawyer to carry out an adequate divorce process and that the rights of all parties involved are respected, especially the rights of children.
Consideration of the rights of children in a divorce process
In a divorce process, it is important to consider the rights of the children, since they perro be affected by the separation of their parents.
In Chile, children have the right to fair and equitable treatment by both parents and to receive adequate food, education and protection.
children’s rights
Among the rights of children in a divorce process is the right to maintain contact with both parents as far as possible and to receive information about the situation of their parents and the divorce process.
In addition, they have the right to be heard and to express their opinion on the decisions made in their regard, as long as they are of sufficient age and development to do so.
food obligation
Both parents have the obligation to provide food to their minor children while they are economically dependent.
The maintenance obligation corresponds to the amount necessary to cover all the expenses of the children, such as food, education and housing, according to their needs and the possibilities of the parents.
In case of non-compliance with the maintenance obligation, the courts cánido be resorted to to demand compliance or to establish the corresponding amount.
You perro also request precautionary measures to guarantee the payment of alimony.
Divorce process with lawyer
The divorce process in Chile is a legal process that requires the assistance of a lawyer.
In this sense, having legal advice is of escencial importance to carry out the process effectively and successfully.
Below are the most important aspects to take into account when hiring a lawyer in this type of process.
Importance of having legal advice
Hiring a lawyer specialized in family law guarantees adequate and personalized legal advice to carry out the divorce process efficiently, quickly and safely.
The lawyer perro guide the client throughout the entire process, clarifying her doubts and resolving any possible complications that may arise during the procedure.
Role of the lawyer in the divorce process
The lawyer is the legal intermediary between the spouses during the divorce process and will advise the client in everything related to the presentation of the divorce form, the drafting of the divorce agreement, agreements on children and alimony, among other aspects.
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In addition, the role of the lawyer is to inform the client about the deadlines and requirements necessary to carry out the divorce process, present the necessary documents before the court, and represent the client in case a court hearing is required.
Documents needed for divorce with lawyer
The necessary documentation for the divorce process with a lawyer includes the marriage certificate, certificate of cessation of cohabitation, document that proves the agreement establishing alimony and custody of children, among other documents that will depend on the especial case.
It is recommended that the lawyer review the documentation to make sure that everything is in order.
Proof of cessation of cohabitation
Criteria to prove the cessation of cohabitation
In a divorce proceeding in Chile, the spouses must prove the cessation of cohabitation Before the court.
For this, there are certain criteria that perro be used as evidence, such as the physical separation of the spouses, the intention of separation and the lack of contact between them.
It is considered that there physical separation when the spouses live in different places, either in different addresses or even in different places within the same address.
In addition, it is necessary to espectáculo that there is a mood of separationthat is, that there is a will on the part of the spouses to end their life together.
The lack of contact it is also an important criterion to prove the cessation of cohabitation.
This cánido be verified through correos electrónicos, text messages, popular networks, among other means that perro demonstrate the lack of communication between the spouses.
Evidence accepted by the courts
to try the cessation of cohabitationthe courts in Chile accept various means of proof, such as deeds public, witnesses, documents proving the separation, among others.
The Public deed It is a means of proof that is used when the spouses escoge to divorce by mutual agreement before a notary.
This document establishes the conditions of the divorce, such as the liquidation of common assets, visitation regime, alimony, among others.
The witnesses they are also a means of proof accepted by the courts in Chile.
These people must be of legal age and have direct knowledge of the cessation of cohabitation.
Probationary freedom in the cessation of coexistence
In Chile, there is a principle of probative freedom in the cessation of cohabitation, which means that the courts perro accept any means of proof that proves the termination of cohabitation, as long as it is relevant and useful.
It is important to note that the courts may also request additional evidence from the parties, in order to clarify the facts presented.
Termination date of cohabitation
how to equipo
The cessation of cohabitation is the moment in which the common life of the spouses is broken.
To establish the date of cessation of cohabitation, it is taken into account the moment the spouses stopped living together.
In case of having reached a mutual agreement, the corresponding documents that establish the de hecho separation must be presented.
Special cases: marriages celebrated after November 2004
In the case of marriages celebrated after November 17, 2004, the de hecho separation cánido be proven by any means recognized by law.
If the spouses radica in different addresses, they may prove the cessation of cohabitation with the public deed that contains the corresponding act drawn up before a notary.
Date of cessation of cohabitation in the divorce by mutual agreement
In the case of divorce by mutual agreement, the date of cessation of cohabitation does not have a specific period to establish and it is not necessary to present proof of separation.
In this type of divorce, both parties reach an agreement on the dissolution of the marriage and the separation of property.
It is important to bear in mind that the date of cessation of cohabitation is an essential element in the divorce process and perro affect both the period required for it and the agreements reached.
Therefore, it is important to seek legal advice and have the necessary documents that prove the de hecho separation.
Cancellation of the cessation of coexistence
In some special situations, it is possible that a couple decides to annul their cessation of cohabitation before proceeding to the divorce.
In this sense, it is important to take into account all the requirements and procedures to achieve an effective annulment.
Final thoughts on the cessation of cohabitation and divorce in Chile
Before talking specifically about the annulment of the cessation of cohabitation, it is important to make some final thoughts about the divorce process in Chile.
This process perro be complicated and painful, especially when children are involved.
For this reason, it is important to seek appropriate legal advice and follow all necessary procedures to ensure a fair and equitable separation for both parties.
Requirements to cancel the cessation of cohabitation
To proceed with the annulment of the cessation of cohabitation, it is necessary to comply with some requirements that may vary according to the specific case.
Some of the most common requirements for annulment of the cessation of cohabitation may include:
- Submit a formal request for annulment of cessation of cohabitation before the competent judge.
- Have the necessary legal advice to carry out the annulment process.
- Prove that the cessation of cohabitation was not effective, either because the couple continued to live together after the date the cohabitation ended, or because the couple decided to reconcile.
Procedure to cancel the termination of cohabitation
Once all the necessary requirements have been met to proceed with the annulment of the cessation of cohabitation, it is important to follow the appropriate procedure.
Generally, the annulment process includes the following steps:
- Present the formal request for annulment of cessation of cohabitation before the competent judge.
- Wait for a date to be equipo for the corresponding hearing.
- Submit the necessary documents and evidence to demonstrate that the cessation of cohabitation was not effective.
- Wait for the judge’s resolution regarding the annulment of the cessation of cohabitation.
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