The legal framework
The Código Civil y Comercial (Civil and Commercial Code) of 2015, articles 435 to 445, introduced divorce without stated grounds (divorcio sin expresión de causa): either spouse, or both, may ask for it, with no minimum length of marriage and no prior separation, before the judge of the last marital domicile or of the respondent's domicile. The petition must be accompanied by a propuesta reguladora (settlement proposal) covering the children, maintenance, the home, property and any compensation; if the spouses do not agree, the judge grants the divorce all the same and decides the outstanding questions afterwards. The Code provides for the compensación económica (compensation payment, article 441) for the spouse whom the divorce leaves in manifest economic imbalance, and for the allocation of the family home. Parental responsibility (responsabilidad parental) remains shared; the Code prefers shared care (cuidado personal compartido, either indistinto or alternado), and maintenance for children (alimentos) is due until 21, or 25 if they are studying. The community of acquisitions is liquidated by agreement or by the court. Representation by a lawyer (patrocinio letrado) is compulsory.
Argentine divorce is one of the simplest anywhere: no fault, no waiting period, and a judge who ends the marriage even when everything else is in dispute. There is no divorce without a court — every divorce, even a joint one with no children, is granted by the family judge — but a joint petition with a complete settlement proposal is often dealt with at a single hearing. For British couples in Argentina the first question is often where to divorce. Argentine courts have jurisdiction when the last marital domicile or the respondent's domicile is in Argentina; English courts may also have jurisdiction, in particular when either spouse is domiciled in England and Wales, as many British people abroad remain. The outcome can differ greatly: an Argentine judge liquidates the community in halves and may add a compensation payment, usually for a limited period, whereas an English court exercises a wide discretion over all the assets, wherever they are.
An Argentine divorce is recognised in the UK under the Family Law Act 1986 without any procedure, as long as either spouse was habitually resident in, domiciled in or a national of Argentina when it was obtained. In the other direction, a UK divorce is recorded in Argentina by registration with the Registro Civil that holds the marriage record, with the apostilled decree translated by a traductor público (sworn public translator) — in some jurisdictions only after recognition (exequatur) by an Argentine court; a couple who married in the UK and divorce in Argentina must generally have their UK marriage certificate registered there first. Orders on money — maintenance, compensation — need their own recognition before they can be enforced in the other country. For children, the 1980 Hague Convention on international child abduction binds Argentina, the UK and Ireland, and a child cannot leave Argentina with one parent without the other's authorisation. Irish citizens should check how Ireland, which applies its own rules, will treat the divorce.
Key points
| Grounds | None; no minimum length of marriage and no prior separation |
|---|---|
| Procedure | Unilateral or joint petition to the family judge with a settlement proposal; hearing; judgment |
| Duration | Generally two to six months; the divorce is granted even if agreement on its effects takes longer |
| Children | Shared parental responsibility; shared care preferred (indistinto or alternado); maintenance until 21, or 25 if studying |
| Compensation payment | For the spouse left in manifest economic imbalance; to be claimed within six months of the divorce |
| Property | Liquidation of the community of acquisitions by agreement or by the court |
| Lawyer | Compulsory; public defenders (defensorías) and free representation by universities and bar associations |
| Figures | More than 60,000 divorces a year |
| British and Irish couples | Argentine divorce recognised in the UK under the Family Law Act 1986 without procedure; UK divorce registered with the Registro Civil, sometimes after exequatur; 1980 Hague Convention on child abduction in force between Argentina, the UK and Ireland |
In practice
- Gather the marriage certificate and the children's birth certificates and draft the settlement proposal with your lawyer; a joint petition speeds everything up. UK documents need the apostille of the FCDO Legalisation Office and a translation by a traductor público.
- If one spouse does not answer or does not accept the proposal, the judge sets a hearing and grants the divorce; disagreements over maintenance or the home are settled in later proceedings (incidentes). For the children's arrangements and maintenance, mediation before going to court is compulsory in the City of Buenos Aires and several provinces.
- The compensation payment lapses six months after the judgment: claim it in the proposal or immediately afterwards.
- Free legal help is available from the bar associations, the public defenders (Ministerio Público de la Defensa and the provincial defensorías) and university law faculties; since 2020 many courts handle divorces entirely online.
- After the divorce, keep the decree with the apostille of the Argentine Ministry of Foreign Affairs and a translation for UK purposes; a spouse divorced in the UK who wants to remarry or deal with property in Argentina has the UK decree registered with the Registro Civil, through an Argentine lawyer if an exequatur is required.
Cost and coverage
Lawyers' fees of 300,000 to 1,500,000 pesos for a joint divorce, depending on the jurisdiction; more in a contested case. The court fee is reduced or waived in family cases in several provinces, and free representation is available according to income. Recognition in the UK costs nothing beyond the apostille and the translation; registering a UK divorce in Argentina adds lawyers' fees where an exequatur is needed.
Recent changes
The 2015 Code ended fault-based divorce and waiting periods; case law has since made shared care the norm and clarified the compensation payment, including for cohabiting partners. Since 2020 many courts handle divorce entirely online. In England and Wales, no-fault divorce has existed only since April 2022, with a minimum of about six months between application and final order.
Where to go
- Family courts (juzgados de familia): national courts in the City of Buenos Aires, provincial courts elsewhere.
- Colegios de abogados (bar associations): free legal advice; Ministerio Público de la Defensa and provincial defensorías.
- Registro Civil: registration of the judgment and of foreign divorces; Dirección Nacional de Migraciones: travel authorisations for minors.
- British Embassy in Buenos Aires: consular assistance, notarial services; the International Child Abduction and Contact Unit (ICACU) for England and Wales; Irish citizens: Embassy of Ireland in Buenos Aires.
Worth knowing
The divorce is granted even if the spouses agree on nothing: that avoids years of deadlock but leaves the effects — maintenance, the home, property — for later, and the compensation payment has a six-month deadline that many discover too late. British couples should decide early whether to divorce in Argentina or in England, because the financial outcome can differ greatly. And a parent must never take the children out of Argentina, or keep them in the UK, without the other parent's consent: the Hague Convention allows the other parent to obtain their return.
Frequently asked questions
Is my Argentine divorce valid in the UK?
Yes, automatically, under the Family Law Act 1986, because it was granted by a court in a country where at least one of you was habitually resident, domiciled or a national. Keep the Argentine decree with the apostille of the Ministry of Foreign Affairs and a translation; you can remarry in the UK without any further step, though the register office will ask to see it.
We married in England and live in Buenos Aires: can we divorce in Argentina?
Yes, if your last marital domicile, or the respondent's domicile, is in Argentina: the Argentine judge has jurisdiction and applies Argentine law — divorce without grounds, often within a few months. Your English marriage certificate, apostilled by the FCDO Legalisation Office and translated by a traductor público, must generally first be registered with the Argentine Registro Civil.
Should we divorce in Argentina or in England?
Argentina is quicker and cheaper — no grounds, a decree within months even without agreement — but it divides the community of acquisitions in halves and offers the weaker spouse only a compensation payment, usually for a limited period and subject to a six-month deadline. An English court, if it has jurisdiction, divides all the assets at its discretion, including property in Argentina, and can share UK pensions; its order would then need registration or recognition in Argentina to affect Argentine property. Take advice in both countries before anyone files.
Can I take our children to the UK after the separation?
Not without the other parent's authorisation or a court's permission: a child cannot leave Argentina with one parent alone without it, and a child taken to the UK or Ireland, or kept there, without consent can be ordered back under the 1980 Hague Convention, which binds all three countries. A move abroad is settled by agreement in the parenting plan (plan de parentalidad) or decided by the Argentine family judge.
Official sources and links
- Civil and Commercial Code — articles 435-445 (divorce) — official text
- Ministerio Público de la Defensa — free legal assistance
- GOV.UK — getting a divorce — divorce in England and Wales
- GOV.UK — international child abduction (ICACU) — Hague Convention 1980
- argentina.gob.ar — official portal of the Argentine state: procedures, civil registry, migration, health, justice
- Normativa nacional (InfoLeg) — official texts of Argentine laws and decrees
- British Embassy Buenos Aires — gov.uk — consular help, notarial and documentary services for British nationals in Argentina