ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN
sion rights); however, the legal recognition provided for them is restricted. Partners or cohabitants do not have inheritance rights; therefore, a testator/testatrix may dispose of their wealth to the partner up to the disposable portion (one-third of the estate). Under the CCC, a cohabitant with no children who suffers a clear imbalance in their economic situa ‑ tion (due to the end of the cohabitation) may claim economic compensation before the court within six months of the breakdown. Upon petition, to ensure financial orders regarding enforcement of child support or economic compen ‑ sation, the execution of a court’s ruling may include seizure, lien or restraint of assets. 2.7 Enforcement of Financial Orders Execution of a court’s ruling may include seizure, lien or restraint of assets (depending on the local jurisdic ‑ tion where the procedure has been filed). In Argentina, traditional methods to ensure child sup ‑ port fulfilment were ineffective. For this reason, addi ‑ tional approaches have been adopted to ensure that those responsible fulfil their obligations. Following the commitment adopted by Argentina to the Convention on the Rights of the Child, a Registry of Child Support Debtors was created. In this way, the Registry seeks to ensure that debtors fulfil their obligation to pay child support, with a focus on the well-being of minors. Due to the challenges in achieving positive outcomes through enforcement actions, sanctions are applied to encourage debtors to rectify their situation. International enforcement of a financial order is per ‑ mitted in Argentina, following international regulations and special procedures. 2.8 Media Access and Transparency in Financial Proceedings When minors are involved, the law prohibits the pub ‑ lication, dissemination or advertising of certain facts related to individuals under the age of 18.
Proceedings are set out in public files. However, family proceedings are reserved files, and only the parties
involved have access to them. 2.9 ADR in Financial Matters
There is no ADR in Argentina. However, parties could reach private agreements with legal counsellors in order to resolve financial matters. 3. Child Law 3.1 Choice of Jurisdiction in Children Proceedings For children proceedings, the jurisdictional grounds are the same for marriage and financial cases. It is important to note that the last domicile will give the judge grounds to decide the children’s proceed ‑ ings and which of the spouses will remain in the fam ‑ ily home. As such, the judge considers the following concepts: • who will take care of the children; • the best interests of the children; • who is in a better financial situation to maintain a home on their own; • the health condition and age of the spouses; and • the interests of other individuals who are part of the family group. 3.2 Living/Contact Arrangements and Child Maintenance Communication and Contact Arrangements If there is no (private) agreement between the parents through a parental agreement, the judge will decide on the “communication agreement”. The contract agree ‑ ment shall address the following: • the place and time the children spend with each parent; • the responsibilities each parent assumes toward the children (taking them to school, paying for health insurance, taking them to medical check- ups, etc); • how the children will spend holidays, public holi ‑ days, and other important dates; and
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