2023-12-27 21:10:32
Among the modifications proposed by the omnibus law sent this followingnoon by the government of Javier Milei to Congress, There are changes in the Civil and Commercial Code.
In article 352 of the omnibus law that the first president sent to Congress, it was established: “The following is incorporated as subsection d) of article 435 of the Civil and Commercial Code approved by Law No. 26,994 and its amendments: ‘d) communication of the will of dissolve the bond presented by the spouses jointly before the administrative body of the last marital domicile, which will have the same effects as divorce.
This means that from now on, married couples who decide by common agreement to dissolve the relationship will only have to communicate it to the administrative authorities of the Civil Registry, in a procedure that will not require the intervention of lawyers or judges.
In the current Code, the causes for the dissolution of marriage – which appear in Chapter 8, Section 1 – were “a) death of one of the spouses; b) final ruling of absence with presumption of death; c) judicially declared divorce”. By including section d, the procedure would leave the judicial sphere and remain in the administrative sphere.
The Modification of the marital contract was justified on the basis that it involves maintaining contact with the “modernization of legislation and respect for the preponderance of individual freedom.” In the message that was sent to parliament it is established that this “Incorporates a new institute for our country, commonly used in many other nations of the world, which is the possibility for spouses to request the dissolution of the marriage bond with a single presentation before “the same administrative body that celebrated the civil marriage, without the need for judicial intervention,” established the message sent to parliament.
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#divorce #Milei #Congress
