Family Law 2025

ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

2.8 Media Access and Transparency When minors are involved, the law prohibits the publication, dissemination or advertising of cer - tain facts related to individuals under the age of 18. Processes are public files. However, family pro - cesses are reserved files, and only the parties involved have access to said files. 2.9 Alternative Dispute Resolution (ADR) There is no ADR in Argentina. 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 proceedings and which of the spouses will remain in the family 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 main - tain 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 3. Child Law 3.1 Choice of Jurisdiction 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”.

Partners or cohabitants do not have inheritance rights; therefore, a testator/testatrix may dispose of their wealth to the partner up to the dispos - able portion (one-third of the estate). Under the CCC, a cohabitant with no children who suffers a clear imbalance in their economic situation (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 regard - ing enforcement of child support or economic compensation, the execution of a court’s ruling may include seizure, lien or restraint of assets. 2.7 Enforcement Execution of a court’s ruling may include seizure, lien or restraint of assets (depending on the local jurisdiction where the procedure has been filed). In Argentina, traditional methods to ensure child support fulfilment had been ineffective. For this reason, additional approaches were adopted to ensure that those responsible fulfil their obli - gation. 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 sup - port, with a focus on the well-being of minors. Due to the challenges in achieving positive out - comes through enforcement actions, sanctions are applied to encourage debtors to rectify their situation. International enforcement of a financial order is permitted in Argentina, following international regulations and special procedures.

CHAMBERS.COM