Home/Civil Law/Family Law & Divorce

Civil & Property

Family Law & Divorce in Chile

Divorce, child support, custody and the liquidation of marital property — including when the marriage or the assets span two countries.

Book your consultation → All civil law services

Overview

What this involves

Chilean divorce comes in three forms — by mutual agreement, unilateral after a period of separation, and for fault — and they differ enormously in time, cost and evidentiary burden. Mutual agreement, where it is achievable, is faster and considerably cheaper than the alternatives.

International couples add a second layer: which country's courts have jurisdiction, whether a foreign marriage or divorce is recognized in Chile, and how a property regime chosen abroad interacts with assets located here. Those questions are best answered before filing anywhere, because filing first in the wrong country is difficult to undo.

What we handle

Divorce proceedings

Mutual agreement, unilateral and fault-based divorce, including the regulatory agreement covering support, custody and visitation.

Child support and custody

Establishing, modifying or enforcing support and custody arrangements, including cases where one parent lives outside Chile.

Marital property liquidation

Dissolving and liquidating the sociedad conyugal or participation regime, and dividing property located in Chile.

Recognition of foreign judgments

Having a foreign marriage, divorce or custody order recognized in Chile so it has legal effect here (exequátur).

International child matters

Cross-border custody and relocation issues, including authorizations required for a child to leave Chile.

From anywhere

How we run this for a client abroad

Assessment first

You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

We file, you get updates

Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.

FAQ

Family Law & Divorce — common questions

What English-speaking clients ask us most about this specific service.

We married abroad. Can we divorce in Chile?

Often yes, provided the marriage is registered or recognized in Chile and there is a jurisdictional connection here. Registering a foreign marriage in Chile is a separate step that is frequently skipped and then needed urgently. We check the position before filing anything.

How long does a Chilean divorce take?

Divorce by mutual agreement, with a complete regulatory agreement, is the fastest route by a wide margin. Unilateral divorce requires proving a period of separation, and fault-based divorce requires proving the fault — both take substantially longer. The choice of route matters more than any other factor.

Can I get a divorce if my spouse will not participate?

Yes. Unilateral divorce exists precisely for that situation, subject to proving the required period of separation. It takes longer than a mutual agreement, but a spouse's refusal to cooperate does not trap you in the marriage.

How is property divided?

It depends on the marital property regime that applied to your marriage, which may have been chosen at the time of marriage or determined by default. Regimes differ substantially in outcome, and assets located abroad raise separate questions. Determining which regime applies is the first thing we establish.

Talk to a Chilean lawyer about divorce or family matters in Chile

Get an initial assessment in English — confidential, with no obligation.

Book your consultation now →

WhatsApp+56 9 5217 5304

Emailhola@oklegal.cl

HoursMon–Sat 09:00–20:00