ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN
domicile principle. Therefore, if the last marital residence is located in a different jurisdiction, spouses must register the divorce resolution before the Argentine Civil Registry with the intervention of an Argentine judge who will have received all certified divorce documents filed by the interested party. Notably, if there are proceedings in another jurisdiction, said proceedings filed in Argentina can be stayed until the jurisdictional dispute has been resolved. The CCC incorporates the inter - national legal principle of avoiding contradictory rulings over the same matter passed by different courts. It is important to mention that the court’s role in divorce proceedings is limited to supervi - sion that rules of public order ( normas de orden público ) have not been infringed and to ensure, upon petition, a fair resolution of the unresolved effects of the divorce (either patrimonial or not). Having said that, upon petition, financial orders to enforce child support and financial orders to liquidate and distribute marital assets can both be made on divorce. The choice of divorce orders and how to obtain them from the courts are ruled in the CCC and in each province’s Civil and Commercial Procedure Codes. 2. Financial Proceedings 2.1 Choice of Jurisdiction The divorce decree shall rule regarding the com - munication regime when minors are involved (under 18 years old) and the attribution of the family home (according to the rules established in the CCC). If petitioned, the court will only
order temporary and exceptional spousal main - tenance or compensation obligations. Any spouse may file preventive measures on child support or custody before or during the divorce procedure to ensure financial orders. First, a foreign divorce decree needs to be recognised in Argentina – for which, summary information known as an “exequatur” must be made whereby an Argentine judge, once they have verified that all the requirements are met (ie, no breach of public order rules and does not oppose another decree passed in Argentina), orders the registration of the divorce in the cor - responding Argentine Civil Registry. If bilateral international treaties have been signed, said rules shall apply. Financial claims may be related to immovable assets located in Argentina and to enforcing child maintenance. It is important to mention that a foreign finan - cial decree duly certified in its jurisdiction can be enforced if: • the defendant (or paying party) is domiciled in Argentina; or • the defendant’s (or paying party’s) property is located in Argentina. 2.2 Service and Process Financial settlements must go through a preju - dicial mediation process before filing in court. If no agreement is reached, filing the complaint in court is permitted in order to be served. There is no arbitration in family law matters. 2.3 Division of Assets Under the CCC, when a divorce occurs, assets can be divided either through the court or pri -
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