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Family Law in Mexico

Family Law in Mexico

Family Law in Mexico encompasses all of the main sources of legislation concerning marriage, divorce, children as well as adoption and other matters. The State Civil Code and the State Code of Civil Procedure are relevant for marriage purposes and these are supplemented by other acts such as the Migration Law, when relevant. 

In this article, our team of Mexican lawyers highlights the main contents of the law, the regulatory framework and issues concerning jurisdiction and conflict of law. For more details on these provisions, we invite you to reach out to us. 

Main issues treated by Family Law in Mexico

The Mexican Constitution discusses both individual citizen rights and the protection and development of the family. The man and the women are equal before the law and are able to make responsible and informed decisions. In addition to this fundamental provision, the civil law, in the form of the State Civil Codes and the Codes of Civil Procedures, provide the legislative guidelines for acting in all maters related to family and family disputes.

Our Mexican lawyers list the most important issues regarding Family Law:

  1. Prenuptial agreements: these agreements can be drawn up in Medico and they are useful for establishing a property administration regime for assets (separate or mixed are two of the available options); 
  2. Marriage: the recognition of marriage, how it can be performed and later recognized outside of the country as well as the regime that may apply between a foreigner and a resident; cohabitation in Mexico is described by each Federal District; 
  3. Divorce: the annulment of a marriage as well as the provisions applicable to civil partnerships; the grounds for divorce are defined by law and our team of attorneys in Mexico provide you with complete details;
  4. Children: child maintenance after divorce, custody and parental responsibility as well as matters that concern child abduction;
  5. Adoption: the provisions for concluding the legal act that establishes the relationship between the adopter and the adoptee;
  6. Dispute resolution in families: mediation and arbitration are two recognized non-court processes that can be used to solve family disputes;
  7. Others: same-sex marriage which is only allowed in the State of Quintana Roo.

Please note that our law office in Mexico includes a Family Law division and we can offer you more details about these issues and others such as issues concerning international marriages or international pre-nuptial agreements and the treatment of surrogacy. 

Foreign nationals who wish to relocate with their families and wish to immigrate to Mexico for this purpose can contact us for assistance. Furthermore, if you are interested to get information about residency in Mexico, the services of our lawyers are at your disposal. It is highly recommended that you open a bank account in Mexico before applying for legal residency. Many procedures involved in the process of acquiring a residence will be simplified as a result of this. Many foreigners in Mexico are astounded by the country’s modern and efficient banking facilities. To learn about the procedure, get in touch with our lawyers.

Legal aid for family dispute provided by our attorneys in Mexico

Our law office provides professional services related to all Family Law matters. We understand that our clients require practical and efficient solutions to their problems and we know that many family issues demand a high degree of personal attention and we strive to offer the legal support that is most needed in cases that involve divorce or many forms of family disputes. 

According to INEGI, the National Institute of Statistics, Geography and Information, the number of marriages has declined in recent years while that of divorces has increased. A series of matrimonial issues can be the source of this decline, however, when couples decide to end a marriage, they can choose to work with our lawyers in Mexico who specialize in Family Law and are able to advise on all matters concerning divorce ad children (if any).

Below, we summarize some of the data available from INEGI:

  • there were 501,298 marriages in 2018 compared to 528,678 in 2017 and 543,749 in 2016;
  • divorces increased in 2018 compared to 2017, from 147,581 to 156,556;
  • the divorce to marriage ration in 2018 was 31.2% and the gross marriage rate for 1,000 people in 2018 was 4%.

Most of the divorces recorded in 2018 were administrative ones and fewer were judicial. Nevertheless, the aid offered by a law office in Mexico, such as our experts who specialize in divorce and Family Law, can also be important in administrative divorces. In this scenario, the key difference is that both parties agree to the divorce, however, other negotiations may be in place concerning the distribution of assets.

Our team can provide legal solutions to all matters related to Family Law, starting with divorce and also others such as child custody and maintenance, mediation, prenuptial and postnuptial agreements, the division of property as well as others. We also offer services to expats living in Mexico who are interested in knowing more about the recognition of foreign marriages or divorces in Mexico. 

Contact our lawyers in Mexico for more details on our services. Furthermore, if you are interested to apply for citizenship, our lawyers can assist you. One of the essential requirements is you should have been a permanent resident for at least five years before applying to become a Mexican citizen. Despite some mitigating circumstances, such as claiming nationality through your parents or marrying a Mexican citizen, it is practically impossible to obtain citizenship in Mexico without first establishing residency.