Family Law

A de facto union in Peru, when it exceeds 2 continuous years, generates economic and inheritance rights similar to marriage, including the formation of a community property regime.

Can I formalize my cohabitation before a notary?

Yes, as long as you meet the legal requirements, a notary can recognize the de facto union.

If my partner passes away, can I request judicial recognition of the union?

Yes, through a judicial process against the potential heirs.

Divorce in Peru can be carried out by mutual agreement or based on specific grounds.

How long does a mutual consent divorce take?

Approximately 3 months, if processed through a notary or municipality.

Is there a minimum time required before filing for divorce?

Yes, at least 2 years of marriage before requesting it by mutual agreement.

Is separation of bodies grounds for divorce?

Yes, as long as 2 or 4 years of separation can be proven, depending on whether there are minor children.

In Peru, custody is generally granted on a shared basis. Only in exceptional cases is sole custody granted, with a visitation regime for the other parent.

Can custody and visitation be defined through conciliation?

Yes, parents can formalize an agreement through conciliation.

Is it possible to modify custody or the visitation regime?

Yes, either by mutual agreement or through a judicial process.

Is provisional custody available?

Yes, as a precautionary measure within a judicial process.

Child support in Peru covers food, healthcare, clothing, education, and recreation, ensuring the comprehensive development of children or dependent elderly individuals.

How much can be deducted from a salary for child support?

Up to 60% of the obligated person’s income.

Does a conciliation agreement have the same value as a court judgment?

Yes, it can be judicially enforced in case of non-compliance.

Is conciliation mandatory before filing a child support claim?

No, but it is recommended because it is faster and less burdensome.

Can child support be claimed for periods prior to filing the claim?

No, it is generated from the notification of the claim onward.

At Gálvez Monteagudo Abogados, we provide legal advisory in Family Law in Peru, with a human and preventive approach. We always seek practical solutions and fair agreements, prioritizing the best interests of children and adolescents and, whenever possible, avoiding lengthy and burdensome judicial proceedings.

Our experience includes de facto unions, divorce, custody and visitation, child support, filiation, de facto separation, among others. We offer close, professional, and sensitive support in every case.