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Family Law

Uncontested Divorce in Chile

When both spouses agree, a Chilean divorce by mutual consent is the fastest route, but only with a complete written agreement.

Divorce by mutual agreement

Chilean law allows a divorce by mutual agreement (divorcio de mutuo acuerdo) under article 55 of Ley 19.947 on civil marriage. Both spouses must ask for it together, and they must have been living apart for more than one year. There is no need to prove anyone's fault, and the court does not examine why the marriage ended.

The catch is the agreement. The couple must present a complete and sufficient agreement that regulates their future: which parent will have the children, how contact works, child support, and any support or compensation between the spouses. If the judge considers it incomplete or unfair to the children, the case does not move forward until it is fixed. A divorce for a couple with children or assets in two countries needs careful drafting. We also tell you early which documents must be apostilled, so a missing stamp does not delay the filing.

What we handle

Drafting the agreement

A complete and sufficient agreement covering custody, contact, child support and compensation, written to be approved on the first attempt.

Proof of separation

Fixing a certain date for the end of cohabitation, which Chilean law requires for marriages after November 2004.

Filing and hearings

Preparing the joint filing and representing both spouses, or one spouse with the other's consent, through the Family Court hearings.

Foreign marriages

Divorcing in Chile a marriage celebrated abroad, with the certificate apostilled and translated where necessary.

Final registration

Following the final ruling through to the annotation in the Registro Civil, so your civil status is updated.

How to prove that you have lived apart

Marriages celebrated after Ley 19.947 took effect in November 2004 need a date of separation that can be proven. The usual ways are a notarized document, a record before the Registro Civil, or a court-approved agreement. Couples who skip this step and rely on rental contracts or messages often face delays or a rejected application.

If you separated years ago without any formal record, we can set one now. The separation period counts from the date that is properly documented, so the sooner the step is taken, the sooner you can file.

What the judge will check

The judge reviews that the agreement protects the children, that child support is realistic and that any compensation between the spouses is defined. The process involves a preparatory hearing and a trial hearing before a ruling, and in uncontested cases these are usually brief.

Spouses who live in different countries can usually be represented by counsel under a power of attorney. Where the judge wants a spouse present, we say so early. Once the ruling becomes final, it is recorded in the Registro Civil and both spouses are free to remarry.

Divorcing in Chile without moving back

01

Joint intake

We gather the key facts from both spouses, and flag any points where interests differ before drafting anything.

02

Powers of attorney

Each spouse signs before a Chilean consulate or with an apostille. Our attorneys then appear in court for you.

03

Filing, ruling, registry

We file, follow the hearings and send you the final ruling and Registro Civil entry, with plain-English updates each step.

Uncontested Divorce — common questions

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

How long do we need to be separated for a mutual-consent divorce?
More than one year of living apart, counted from a date that can be proven. For marriages after November 2004, the date must come from a notarized document, a Registro Civil record or a court-approved agreement.
Do both of us need to come to Chile?
Not necessarily. We can act under powers of attorney. Judges decide whether a personal appearance is needed, and we tell you in advance if that applies to your case.
We were married in the United States. Can we divorce in Chile?
Often yes, if the couple is domiciled in Chile and the foreign marriage is valid at its place of celebration. You need an apostilled marriage certificate and, where relevant, a sworn translation. We review jurisdiction first.
Will a divorce in Chile be recognized in my home country?
That depends on your country's rules. Many countries recognize foreign divorces through a separate procedure. Check with a lawyer where you live; we can send the certified documents they will need.
What if we cannot agree on money or the children?
Then a mutual-consent divorce is not the right route. Without a complete agreement, the case moves to the contested path, which can be based on a longer separation or on fault. We explain the options.

Talk to a Chilean lawyer about an uncontested divorce

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

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