The fresh Municipal Password off Puerto Rico: Facilities off Nearest and dearest

This is the third of eight Alerts on the recently enacted Civil Code of Puerto Rico (the “The brand new Password”), which will repeal the current Civil Code of 1930, as amended (the “Earlier in the day Code”). The New Code becomes effective on .

Same-intercourse , adopting the Best Court of the You governing in Obergefell v

This Alert specifically addresses new The college regarding Family relations. Listed here are a number of the secret change of your own The fresh Password:

Under the New Code, the term “marriage” is defined as a civil institution arising from a civil contract by virtue of which two natural people oblige each other to be spouses. This definition was amended to substitute the words “man” and “woman” with “two natural persons” and thus comply with the Obergefell ruling.

Blog post 402 of your The fresh new Code states you to definitely a girlfriend you should never depict additional companion except if explicitly signed up from the told you most other spouse, judicial power otherwise laws. But not, it is undecided in the event the Article 402 permits a wife to help you directly portray new conjugal relationship (“sociedad courtroom de- bienes gananciales”) to which he/she belongs whilst does not specifically address this dilemma. Under the Prior Password, possibly partner you can expect to in person portray new conjugal relationship constituted from the them.

Hodges, and therefore kept exact same-sex matrimony restrictions unconstitutional

Under the New Code, the age of majority remains unchanged at 21. Consequently, the New Code stipulates that in order to get married, a minor who is 18 years old needs the authorization from: (i) parents with parental authority; (ii) a guardian or (iii) the court. In contrast to the current rule of law less than the Previous Code, the New Code does not recognize any instance in which an 18 year old minor may marry without authorization.

Further, even though the New Code expressly prohibits marriage by minors under 18 years of age, Article 409 of the New Code establishes that the marriage of a minor who has reached the age of 18 and marries without the corresponding authorization may not be contested if one of the spouses is pregnant or the child of both spouses is born.

Blog post 410 of one’s The new Password set a law out of restrictions for matrimony annulment tips. This article kits if, at the time of brand new composition of the marriage, the main cause of annulment is understood from the both spouses or because of the the latest companion legitimized to help you file the experience, the latest annulment step will end 1 year adopting the formalization away from the marriage. If your reason behind annulment known pursuing the formalization, the newest law out-of restrictions should start to work with since result in out of annulment known.

Pursuant so you’re able to Blog post 416 of your The fresh new Code, within the a married relationship annulment action new spouse exactly who acted for the a trust are now able to located payment the damage and you will/otherwise loss the guy/she suffered because of the misleading actions (actuaciones dolosas) of other lover. So it allege must be elevated for the age wisdom whereby this new judge annuls the marriage.

New Password eliminates a few of the cause of breakup that already exist underneath the Previous Code (elizabeth.g. horrible cures, abandonment, adultery and you may separation). Instead, Blog post 425 of your own The fresh Code recognizes another reasons for divorce:

  1. Mutual joingy concur; and you will
  2. Irreconcilable distinctions
  3. This surface allows a legal so you’re able to decree a divorce case even though you to definitely mate opposes it.

Pursuant to Article 476 of your New Password, whenever allocating an average possessions of the dissolved matrimony, any of the former partners may allege an excellent preferential allowance regarding the newest house and that, at the time of dissolution, constitutes the main home of your own ily. Whenever granting it obtain preferential allocation, new court must believe for every former partner’s chances of getting his/her own family, the existence of almost every other functions one of the ong most other products.

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