Family Law in Costa Rica

What You Need to Know

Family law is a critical area of legal practice that governs the relationships and responsibilities within families. In Costa Rica, family law is deeply rooted in the country’s civil law system, which is influenced by the Spanish Civil Code and the Roman legal tradition. This legal framework addresses a wide range of issues, including marriage, divorce, child custody, adoption, and domestic violence. Understanding family law in Costa Rica is essential for anyone navigating these matters, whether you are a resident, expatriate, or planning to relocate to this beautiful Central American country. This blog will provide an in-depth overview of family law in Costa Rica, covering key topics and offering insights into how the system operates.

Marriage in Costa Rica

Marriage is a significant legal and social institution in Costa Rica, and the country has specific requirements and procedures for couples wishing to marry. In Costa Rica, marriage is considered a civil contract, and it is regulated by the Family Code. Both religious and civil marriages are recognized, but civil marriages are the only ones that hold legal weight.

To marry in Costa Rica, couples must meet certain requirements. Both parties must be at least 18 years old, although minors aged 15 to 18 can marry with parental consent. Additionally, couples must provide valid identification, such as a passport or national ID card, and proof of their legal status in the country if they are not Costa Rican citizens. Foreigners who wish to marry in Costa Rica must also provide a sworn statement declaring their marital status, which is often referred to as a “single status affidavit.”

One unique aspect of marriage in Costa Rica is the requirement for a premarital blood test. This test is mandatory and must be conducted by a licensed physician in Costa Rica. The purpose of the test is to screen for sexually transmitted diseases and other health conditions that could affect the marriage. Once the blood test is completed, the results are valid for 15 days, and the couple must present the results to the Civil Registry when applying for a marriage license.

Costa Rica recognizes both community property and separate property regimes. Under the community property regime, all assets and debts acquired during the marriage are considered jointly owned by both spouses. In contrast, the separate property regime allows each spouse to retain ownership of their individual assets and debts. Couples can choose which regime they prefer by signing a prenuptial agreement before getting married.

Divorce in Costa Rica

Divorce is another important aspect of family law in Costa Rica. The country allows for both no-fault and fault-based divorces, and the process can be relatively straightforward if both parties agree on the terms. However, contested divorces can be more complex and time-consuming.

In Costa Rica, a no-fault divorce is typically granted when both spouses agree to end the marriage and have reached a mutual agreement on issues such as property division, child custody, and spousal support. This type of divorce is often referred to as a “mutual consent divorce” and can be finalized relatively quickly, usually within a few months.

Fault-based divorces, on the other hand, require one spouse to prove that the other spouse is at fault for the breakdown of the marriage. Grounds for fault-based divorce in Costa Rica include adultery, abandonment, domestic violence, and substance abuse. In these cases, the spouse seeking the divorce must provide evidence to support their claims, and the court will make a determination based on the evidence presented.

Child custody and support are critical issues in any divorce case involving children. In Costa Rica, the best interests of the child are the primary consideration in custody decisions. The court will evaluate factors such as the child’s age, health, and relationship with each parent when making a custody determination. In most cases, joint custody is preferred, but the court may award sole custody to one parent if it is deemed to be in the child’s best interests.

Spousal support, also known as alimony, may be awarded in Costa Rica if one spouse is financially dependent on the other. The amount and duration of spousal support will depend on factors such as the length of the marriage, the financial needs of the dependent spouse, and the ability of the other spouse to pay. Spousal support is typically awarded on a temporary basis, but in some cases, it may be awarded for an extended period or even indefinitely.

Child Custody and Support

Child custody and support are central issues in family law, and Costa Rica has specific laws and regulations in place to protect the rights and well-being of children. The country’s legal system prioritizes the best interests of the child in all custody and support matters.

In Costa Rica, child custody can be awarded as joint custody or sole custody. Joint custody allows both parents to share legal and physical custody of the child, while sole custody grants one parent full custody rights. The court will consider various factors when determining custody, including the child’s age, health, and relationship with each parent, as well as the parents’ ability to provide a stable and nurturing environment.

Child support is another important aspect of family law in Costa Rica. Both parents are legally obligated to financially support their children, regardless of whether they are married, divorced, or separated. The amount of child support is determined based on the parents’ income, the child’s needs, and other relevant factors. Child support payments are typically made until the child reaches the age of majority, which is 18 in Costa Rica, but may continue if the child is pursuing higher education or has special needs.

Enforcement of child support orders is taken seriously in Costa Rica. If a parent fails to pay child support, the other parent can seek enforcement through the courts. The court has the authority to take various actions to enforce child support orders, including garnishing wages, seizing assets, and imposing fines or penalties on the non-paying parent.

Adoption in Costa Rica

Adoption is a complex and highly regulated process in Costa Rica, and it is governed by the country’s Family Code and the National Council for Adoptions (CNA). The primary goal of the adoption process is to ensure that the best interests of the child are protected and that the adoptive parents are suitable and capable of providing a loving and stable home.

In Costa Rica, both domestic and international adoptions are permitted, but the process can be lengthy and requires careful adherence to legal requirements. Prospective adoptive parents must meet certain eligibility criteria, including being at least 25 years old, being at least 15 years older than the child they wish to adopt, and demonstrating the ability to provide a stable and nurturing environment.

The adoption process in Costa Rica begins with an application to the CNA, which conducts a thorough evaluation of the prospective adoptive parents. This evaluation includes background checks, home studies, and interviews to assess the applicants’ suitability for adoption. Once the evaluation is complete, the CNA will match the prospective parents with a child who is eligible for adoption.

International adoptions in Costa Rica are subject to additional requirements, including compliance with the Hague Adoption Convention, which Costa Rica has ratified. The Hague Adoption Convention establishes international standards for intercountry adoptions and aims to prevent the abduction, sale, or trafficking of children. Prospective adoptive parents from countries that are party to the Hague Adoption Convention must work with an accredited adoption agency and follow the procedures outlined in the convention.

Once the adoption is finalized, the adoptive parents are granted full legal rights and responsibilities for the child, and the child becomes a permanent member of the family. Adoption is a lifelong commitment, and the legal relationship between the adoptive parents and the child is the same as that of biological parents and their children.

Domestic Violence and Protective Measures

Domestic violence is a serious issue in Costa Rica, and the country has implemented various legal measures to protect victims and hold perpetrators accountable. The Law Against Domestic Violence, enacted in 1996, provides a comprehensive legal framework for addressing domestic violence and protecting the rights of victims.

Under the Law Against Domestic Violence, domestic violence is defined as any act of physical, psychological, sexual, or economic abuse committed by a family member or intimate partner. The law applies to a wide range of relationships, including spouses, former spouses, cohabiting partners, and parents and children.

Victims of domestic violence in Costa Rica have access to a range of protective measures, including restraining orders, emergency protective orders, and access to shelters and support services. The court can issue a restraining order to prevent the abuser from contacting or approaching the victim, and violations of the restraining order can result in criminal charges.

In addition to protective measures, the Law Against Domestic Violence also provides for criminal penalties for perpetrators of domestic violence. Depending on the severity of the abuse, perpetrators may face fines, imprisonment, or both. The law also allows for the possibility of rehabilitation programs for perpetrators, with the goal of preventing future incidents of violence.

Costa Rica has made significant efforts to raise awareness about domestic violence and provide support to victims. The country has established specialized courts to handle domestic violence cases, and there are numerous organizations and NGOs that offer assistance to victims, including legal aid, counseling, and emergency shelter.

Family law in Costa Rica

Family law in Costa Rica is a complex and multifaceted area of legal practice that addresses a wide range of issues, from marriage and divorce to child custody, adoption, and domestic violence. The country’s legal system is designed to protect the rights and well-being of individuals and families, with a strong emphasis on the best interests of children.

Whether you are planning to marry, going through a divorce, seeking custody of your children, or considering adoption, it is essential to understand the legal framework and procedures in Costa Rica. Navigating family law matters can be challenging, but with the right information and legal guidance, you can make informed decisions and protect your rights.

If you are facing a family law issue in Costa Rica, it is highly recommended to seek the assistance of one of our experienced family law attorney. Our knowledgeable attorney will provide valuable advice, represent your interests in court, and help you navigate the legal process with confidence.

Costa Rica’s commitment to protecting families and individuals is evident in its comprehensive legal framework and support services. By understanding the key aspects of family law in Costa Rica, you can better navigate the challenges and opportunities that arise in family matters, ensuring that your rights and the well-being of your loved ones are safeguarded.