Among our various services, we found a significant increase for this kind of proceeding.
Due to the large amount of foreigners that in recent years have chosen Panama as their second home, it is logical that the increase of couples that even if they are not in the country, need to end the marriage.
The high divorce rate that our society presents also reflects a significant increase in couples where one or both spouses holds another nationality, so it is common that once the unilateral or couple’s decision is taken to terminate the marriage registered in Panama, the foreigner decides to leave the country and return to their former life.
For these cases, our experience allows us to offer a friendly and simple solution to terminate the bond, representing both spouses in a divorce proceeding by mutual consent.
The divorce proceeding for people who are abroad is simplified with this legal ground duly established in Item 10 of Article 212 of the Family Code of the Republic of Panama.
In order to use the Mutual Consent as grounds for divorce, it is necessary that spouses be of legal age and that the marriage has a minimum of 2 years of duration.
Regarding the documentary evidences necessary for this kind of process, the following documents must be submitted:
– Marriage certificate
– Birth certificate, in case there are children as a result of the marital relationship
– Certificate of No children, in case there are no children as result of the marital relationship
These documents are issued by the Civil Registry of the Republic of Panama.
In the event there are children as result of the marital relationship born abroad, it is the duty of the parties to submit the Birth Certificate duly apostilled at the Panamanian Consulate nearest to the place of issuance.
It is important that the lawyer be duly empowered by a Power of Attorney granted by the parties, to receive notice of the suit whenever necessary, and thereby expedite the resolution process.
It is worth noting that in the event there are minor children of the marital relationship; evidence supporting the protection of the inherent rights of the children should be submitted to the court.
The following documents must be submitted:
– Custody and Child Care Agreement
– Communication and Visitation schedules Agreement; and,
– Child Support Agreement;
These agreements must comply with the Panamanian laws protecting the family and the child and due that the marriage bond cannot be dissolved until the judge confirms that their rights are not being violated.
In the event there are no children, the mere suit for divorce with the aforementioned notification of both parties, should result in the end of the marriage bond.
Once admitted the suit for divorce, the judge will set the notification date of the parties, as provided by law.
Such notification must be made by the attorney pursuant to the Power of Attorney granted on him by both parties.
In case of no empowering the attorney in the Power of Attorney, in order make to the ratification, will be necessary that both parties appear before the Court and before the Judge they notice their desire to terminate the marital relationship.
For the matter at hand, just when one or both spouses is abroad and it is not possible to attend physically before the Family Judge that carry out the divorce proceeding, this requirement may be complied by submitting an affidavit before a Notary Public, stating clearly their desire of receive notice of the decision.
Upon being ratified, the judge will rule to dissolve the marriage and proceed to order the registration of thereof in the Civil Registry of the Republic of Panama, in the manner that both parties can rebuild their lives and enter into new marriages if they wish.
Likewise for this proceeding, our law firm has the experience and capabilities needed to advise and act on their behalf and in several family matters as follows:
– Marriage of foreigners in our country
– Registration in civil registry of births and demises abroad
– Registration of marriages and divorces held abroad.