Family Law 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

CHAMBERS GLOBAL PRACTICE GUIDES

Family Law 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

Contributing Editor Alex Carruthers Hughes Fowler Carruthers

Global Practice Guides

Family Law Contributing Editor Alex Carruthers Hughes Fowler Carruthers

2025

Chambers Global Practice Guides For more than 20 years, Chambers Global Guides have ranked lawyers and law firms across the world. Chambers now offer clients a new series of Global Practice Guides, which contain practical guidance on doing legal business in key jurisdictions. We use our knowledge of the world’s best lawyers to select leading law firms in each jurisdiction to write the ‘Law & Practice’ sections. In addition, the ‘Trends & Developments’ sections analyse trends and developments in local legal markets. Disclaimer: The information in this guide is provided for general reference only, not as specific legal advice. Views expressed by the authors are not necessarily the views of the law firms in which they practise. For specific legal advice, a lawyer should be consulted. GPG Director Katie Burrington Content Management Director Claire Oxborrow Content Manager Jonathan Mendelowitz Senior Content Reviewer Sally McGonigal, Ethne Withers, Deborah Sinclair and Stephen Dinkeldein Content Reviewers Vivienne Button, Lawrence Garrett, Sean Marshall, Marianne Page, Heather Palomino and Adrian Ciechacki Content Coordination Manager Nancy Laidler Senior Content Coordinators Carla Cagnina and Delicia Tasinda Content Coordinator Hannah Leinmüller Head of Production Jasper John Production Coordinator Genevieve Sibayan

Published by Chambers and Partners 165 Fleet Street London EC4A 2AE Tel +44 20 7606 8844 Fax +44 20 7831 5662 Web www.chambers.com

Contents

INTRODUCTION Contributed by Alex Carruthers, Oliver Heeks and Sian Brooks, Hughes Fowler Carruthers p.5

HONG KONG SAR, CHINA Trends and Developments p.176 Contributed by Oldham, Li & Nie

ARGENTINA Law and Practice p.10 Contributed by McEWAN Trends and Developments p.22 Contributed by McEWAN AUSTRALIA Law and Practice p.27 Contributed by Barkus Doolan Winning

ITALY Law and Practice p.181 Contributed by Studio dell’avv. prof. Carlo Rimini

MALTA Law and Practice p.200 Contributed by 8Point Law

NETHERLANDS Law and Practice p.212 Contributed by Delissen Martens Advocaten Trends and Developments p.231 Contributed by Delissen Martens Advocaten PORTUGAL Law and Practice p.239 Contributed by Rogério Alves & Associados

BELGIUM Law and Practice p.52 Contributed by Tiberghien

BRAZIL Law and Practice p.72 Contributed by Tortoro, Madureira & Ragazzi Advogados CANADA Law and Practice p.89 Contributed by McCarthy Hansen & Company LLP Trends and Developments p.104 Contributed by McCarthy Hansen & Company LLP ENGLAND & WALES Law and Practice p.114 Contributed by Hughes Fowler Carruthers Trends and Developments p.134 Contributed by Hughes Fowler Carruthers FINLAND Law and Practice p.142 Contributed by Pekka Tuunainen Attorneys Ltd FRANCE Law and Practice p.153 Contributed by Chauveau Mulon & Associés

SCOTLAND Law and Practice p.248 Contributed by Turcan Connell Trends and Developments p.264 Contributed by Turcan Connell

SINGAPORE Law and Practice p.270

Contributed by Bih Li & Lee LLP Trends and Developments p.286 Contributed by Bih Li & Lee LLP SOUTH AFRICA Law and Practice p.292 Contributed by Clarks Attorneys

SPAIN Law and Practice p.310

Contributed by Arbáizar Abogados Trends and Developments p.326 Contributed by Arbáizar Abogados

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Contents

UAE Law and Practice p.331 Contributed by Awatif Mohammad Shoqi Advocates & Legal Consultancy

USA – MISSOURI Law and Practice p.424 Contributed by Bundy Law

USA – NEW YORK Law and Practice p.431 Contributed by Rabin Schumann and Partners LLP

USA – ARKANSAS Law and Practice p.344 Contributed by Bundy Law Trends and Developments p.353 Contributed by Bundy Law USA – DELAWARE Trends and Developments p.359 Contributed by Bayard

USA – OHIO Law and Practice p.443 Contributed by Zashin Law Trends and Developments p.458 Contributed by Zashin Law USA – OKLAHOMA Law and Practice p.463 Contributed by Bundy Law Trends and Developments p.473 Contributed by Bundy Law

USA – FLORIDA Law and Practice p.364

Contributed by Sasser, Cestero & Roy Trends and Developments p.383 Contributed by Sasser, Cestero & Roy

USA – INDIANA Law and Practice p.388 Contributed by Faegre Drinker Biddle & Reath, LLP Trends and Developments p.399 Contributed by Faegre Drinker Biddle & Reath, LLP

USA – MASSACHUSETTS Law and Practice p.403 Contributed by Fitch Law Partners LLP Trends and Developments p.416 Contributed by Fitch Law Partners LLP

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INTRODUCTION

Contributed by: Alex Carruthers, Oliver Heeks and Sian Brooks, Hughes Fowler Carruthers

Hughes Fowler Carruthers has been based on Chancery Lane at the heart of legal London since 2001 and is widely regarded as one of London’s leading divorce and family law prac - tices. All partners are internationally acclaimed for the exceptional standard of their work and share a considerable breadth of experience, which enables them to offer the full gamut of skills needed to navigate complex litigation, ex - pert and discreet negotiation, and alternative forms of dispute resolution to suit the individual

demands of each client. Work is conducted with a high degree of professionalism and dedica - tion. All solicitors in the practice are members of Resolution. The firm is part of an extensive international family law network through mem - bership of the International Academy of Family Lawyers and the International Bar Association. This means Hughes Fowler Carruthers can pro - vide a full international service through the part - ners’ close connections worldwide.

Co-Authors

Contributing Editor

Alex Carruthers is a founding partner at Hughes Fowler Carruthers and specialises in complex divorce and financial work and children’s work – in particular, in international cases.

Oliver Heeks joined Hughes Fowler Carruthers in January 2024 after qualifying as a family solicitor at a leading firm in 2022. He is an associate solicitor and advises on a wide

His clients are high net worth individuals with complex legal issues, including trusts and jurisdictional disputes. In Chambers UK 2023, a source commented that Alex has “really good judgement on cases and he is also very intelligent”.

range of family law matters, including divorce, financial relief, emergency injunctions, and private law children matters. Oliver is adept at working with international and domestic clients from a wide range of backgrounds, including high net worth individuals. He deals regularly with complex financial disputes often involving high-value business assets, offshore assets, trusts and inherited wealth.

Sian Brooks joined Hughes Fowler Carruthers in December 2024 as a paralegal. Sian assists the associates and partners on a broad range of cases – ranging from high net worth financial

remedy matters to divorce and children matters, often with multi-jurisdictional elements.

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INTRODUCTION Contributed by: Alex Carruthers, Oliver Heeks and Sian Brooks, Hughes Fowler Carruthers

Hughes Fowler Carruthers Academy Court 94 Chancery Lane London WC2A 1DT UK Tel: +44 (0) 20 7421 8383 Email: a.carruthers@hfclaw.com Web: www.hfclaw.com

Family Law: A Global Overview Family law is an important part of a country’s legal and social fabric. The rules and norms of society are reflected in the laws that dictate what happens on relationship breakdown. As such, family law is an interesting insight into how a country views relationships and the financial impact of their breakdown. This guide, hope - fully, is not only useful for professionals when considering international aspects of family law but also provides an informative guide for the layperson when considering how professionals deal with these issues in each country and offers an insight into the society of each country. Although the term “family law” is broad, it is most commonly interpreted as dealing with issues arising from relationship breakdown. This guide deals with three main areas arising from relationship breakdown, as follows. • Change in status – if a relationship breaks down then, depending on the formal status of the parties, there may be a change in status going forwards. If the parties are married, then there may be divorce proceedings or (in some countries) nullity and judicial separa - tion proceedings. Similarly, some countries have different forms of legal partnerships (eg,

civil partnerships, which are dissolved upon the relationship ending). Other, less formal arrangements (eg, cohabitation) may not require a change in legal status. • Financial consequences – when a relationship breaks down, where there have been depend - encies on either side, there will inevitably be financial consequences on its dissolution. • Childcare arrangements – in most countries, child arrangements are normally kept sepa - rate from financial issues, but clearly there are some linkages (eg, financial support for the benefit of children). These issues are separate and distinct but there can be linkages between them. By way of exam - ple, if there is a formal dissolution of the status of the parties in one country, then it is normally that country that deals with the financial conse - quences that arise. There is at least one nota - ble exception to this rule – namely, England and Wales, where the financial consequences of the breakdown of a marriage can be dealt with in that country even if the divorce itself happened abroad. However, this is the exception that proves the rule. In some countries, there are further linkages between these issues; some jurisdictions pro -

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INTRODUCTION Contributed by: Alex Carruthers, Oliver Heeks and Sian Brooks, Hughes Fowler Carruthers

vide for better or worse financial relief depending on the circumstances under which the relation - ship broke down. In Austria, for example, if there is a finding that one party is the cause of the breakdown of a relationship then the other party is entitled to significant maintenance. It is worth examining each of these areas in more detail here. Change in status One of the most striking aspects witnessed in this area during the past ten years is the signifi - cant increase in the number of jurisdictions that recognise relationships between individuals of the same sex. Thirty or so years ago, there was no jurisdiction in the world that legally recog - nised these relationships but now the majority of jurisdictions in the world do so. As a result, countries must have laws in place to determine what will happen when such relationships break down. The sensitive nature of this evolution is a clas - sic example of the trend that this overview high - lights – namely, that the law has to reflect the society in which it is embedded. As society has evolved, so too has the law. In countries where same-sex relationships are recognised (and thus those jurisdictions deal with the breakdown of such relationships), there can be differences between the legal terminology – ie, whether it is a civil partnership or a marriage and therefore whether it is a formal “divorce” – but the similari - ties normally outweigh the differences. Another change that has happened in some countries concerns the grounds on which a dis - solution of the relationship can take place. In simplistic terms, there are generally two forms of “grounds” – in some countries, the relation - ship can only be dissolved following the actions

of the party who caused the breakdown. In other words, “fault” needs to be found. Some jurisdic - tions are not “fault”-based and only require a period of time to have elapsed before a divorce is allowed or require a statement that the mar- riage has broken down. In at least one juris - diction (England and Wales), there has been a recent move away from a “fault-based” system to a non-fault-based system. In a global world, where parties move from coun - try to country with ease, another issue that must be considered when advising on these matters is the jurisdiction in which proceedings can be issued to dissolve the relationship. In general, jurisdiction in all countries is either founded on the parties’ nationality (or, in some countries, their domicile) or residency. Given that some countries can have significant - ly different financial regimes upon relationship breakdown, the question of whether a party can get divorced in different jurisdictions can be of the upmost importance. Deliberately choosing one country over another to issue proceedings has given rise to the colloquial term “divorce tourism”. This generates a multitude of legal issues that may arise, including how either jurisdiction deals with the claims of the competing jurisdiction, and may evolve into complicated and sophisti - cated legal disputes that can clog up the courts for many months or years. The money at stake for ultra high net worth parties may, however, justify this expense. Financial consequences upon relationship breakdown The difference in financial consequences if a couple’s finances are dealt with in different juris - dictions can be vast. The laws that determine the

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INTRODUCTION Contributed by: Alex Carruthers, Oliver Heeks and Sian Brooks, Hughes Fowler Carruthers

division of money may reflect the societal norms of the different countries. By way of example, where there is a sophisti - cated and well-funded welfare state in which mothers are encouraged to go back to work after the birth of their child, there may not be laws for the provision of spousal maintenance on divorce because it is expected that the mother will be working anyway and supported by the State. The financial award for mothers in those coun - tries might be vastly different to those countries where it has been expected that mothers look - ing after children at home are as productive as the person who goes out to work and should be provided with support from their ex-partner to allow it to continue. There is a further fundamental difference in a number of countries around the world when con - sidering the financial consequences of a rela - tionship breakdown. In civil countries that use the Napoleonic Code or variations of it, upon relationship breakdown, the marital regime that the parties had entered into on their marriage comes to an end. And the law must regulate how the assets are to be divided according to the marital regime and whether there is any com - pensation to be paid as well as maintenance. On the other hand, in common law countries, parties do not enter into a “marital regime” when they marry. Instead, they continue to act as indi - viduals but – upon the breakdown of the relation - ship – there is an equitable distribution of assets and incomes between them to reflect the fact that the relationship has come to an end. Furthermore, in several countries around the world (including those in the EU), there is a rule of “applicable law” whereby the court may not use their own native laws to determine how

finances are to be distributed but instead may use law from other countries. If the individuals are from a different type of regime (eg, a com - mon law rather than a civil code country), then the court where the divorce is taking place will have to interpret how the different structure “works”. This may well lead to confusion and misinterpretation. Particular areas of contrast between countries, as well as those involving capital distribution, concern whether an ex-spouse should receive maintenance after the divorce has ended – and, if so, for how long – and the level of child sup - port that must be paid by the parties. These are matters in respect of which there can be sig - nificant differences between neighbouring coun - tries – for example, Scotland (where there is very limited spousal support) and England and Wales (where spousal support is much more generous). Some countries have financial structures that are embedded within them and therefore relation- ship breakdown has developed ways of taking them into account and/or dealing with them. By way of example, trust structures are more easily dealt with in common law countries than in civil code countries, where they are less common. Childcare arrangements This is one of the most important – and, at times, controversial – areas that must be resolved fol - lowing the breakdown of the relationship. This guide sets out the general rules that the court will consider when dealing with this issue, includ - ing the weight that the child’s voice has in each country. One area not dealt with in detail is the relocation of children from one country to anoth - er, which is covered in a separate guide.

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INTRODUCTION Contributed by: Alex Carruthers, Oliver Heeks and Sian Brooks, Hughes Fowler Carruthers

Transparency in courts Finally, a hot topic of debate in several coun - tries at the moment is transparency regarding the family court process. There is a fierce debate in many countries about whether it is in society’s best interests for there to be open justice so that a light can be shone on the judicial process to cleanse it of any imperfections or whether the rights of the individual to have their personal affairs kept secret and their rights to a private family life must be protected. This is an issue that occurs in many areas of the law but is most acute in family law, given that the issues debated are extremely personal. In some jurisdictions (eg, California), it is acknowledged that the proceed - ings will take place within the glare of publicity, whereas in a number of others – for example, in quite a number of EU countries – there are strict rules about publicity.

This, as with various issues addressed in this guide, reflects the evolution of society in each country and provides a snapshot of the present laws and norms of that society.

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ARGENTINA

Brazil

Paraguay

Chile

Uruguay

Buenos Aires

Argentina

Law and Practice Contributed by: Herberto Robinson McEWAN

Contents 1. Divorce p.12 1.1 Grounds, Timeline, Service and Process p.12 1.2 Choice of Jurisdiction p.13 2. Financial Proceedings p.14 2.1 Choice of Jurisdiction p.14 2.2 Service and Process p.14 2.3 Division of Assets p.14 2.4 Spousal Maintenance p.16 2.5 Prenuptial and Postnuptial Agreements p.16

2.6 Cohabitation p.16 2.7 Enforcement p.17

2.8 Media Access and Transparency p.17 2.9 Alternative Dispute Resolution (ADR) p.17 3. Child Law p.17 3.1 Choice of Jurisdiction p.17 3.2 Living/Contact Arrangements and Child Maintenance p.17 3.3 Other Matters p.19 3.4 ADR p.20 3.5 Media Access and Transparency p.20

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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

McEWAN is a pioneer in the provision of legal and tax services to private clients in Argentina. The firm’s lawyers and accountants have ex - tensive experience of assisting ultra high net worth individuals with all areas of tax and civil law, as well as assisting banks, private bank - ers, family offices, trust companies, investment banks, and private equity funds. In addition to their vast knowledge of family law, McEWAN professionals also have significant expertise in handling matters involving complex family conflicts. McEWAN is recognised for its work on succession and complex tax litigation and

addresses ADR concerning personal and family wealth issues within the scope of family law. Its services encompass integral family wealth plan - ning (including planning for the protection for minors and vulnerable beneficiaries), creation of simple and complex trust structures, simple and complex probate proceedings, divorces and liquidation of shared/marital property, com - pensation agreements, prenuptial agreements, mediation proceedings, lawsuits and claims in - volving international structures, and preparation and drafting of wills.

Author

Herberto Robinson is a civil and corporate law attorney and a partner at McEWAN, with 20

Herberto collaborates with individuals and families on structuring matters arising from the management of wealth during life and after death. He also assists clients with estate planning and family-business succession planning and has a depth of experience in family litigation matters.

years of experience representing families and their companies in a variety of cross-border transactions in Argentina and Latin America.

Estudio McEwan Esmeralda 1061 PB C1007ABM Buenos Aires Argentina Tel: +54 11 7078 1112 Fax: +54 11 7078 1112

Email: info@estudiomcewan.com.ar Web: www.estudiomcewan.com.ar

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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

1. Divorce 1.1 Grounds, Timeline, Service and Process In Argentina, there are neither grounds for termi - nating marriage nor a required period of personal separation before for filing a divorce. Argentina is a codified law jurisdiction. Its Civil and Commercial Code (CCC) has eliminated any form of fault-alleging by either of the spouses and, therefore, the possibility of initiating claims for damages (against the other spouse) is not allowed. Divorce Proceedings Either spouse may file, unilaterally or jointly, a divorce procedure. If a unilateral procedure has been filed, the parties may have an uncontested divorce. However, the judge will rule the same way as in a joint procedure, as there are no grounds for divorce. Argentine law has recognised marriage between same-sex couples since 2010, so the same mar - ital regime will apply in such cases. Adoption is also allowed for same-sex couples under the same terms as those required for heterosexual couples. Same-sex marriage and cohabitation have been recognised and enforced since 2015, with the sanction of the CCC. The divorce process is initiated by filing a peti - tion with the court based on the principle of the last marital domicile. This can be done by both spouses together (joint petition) or by one spouse alone (unilateral petition). A divorce petition can be filed at any time after marriage, as there are no required separation periods or specific grounds needed to request a divorce. If both parties agree on the terms, the court can issue a divorce decree within a period of two

to three months. The divorce becomes official once the court’s decision is registered in the Civil Registry of the jurisdiction where the marriage took place. The rule for service of divorce proceedings is the last effective marital domicile or the domicile of the defendant spouse, at the plaintiff spouse’s discretion. If one of the spouses does not have a domicile in Argentina, the action may be brought before the court of the last domicile they had within Argentina, provided the marriage was celebrated there. If the location of the last mari - tal domicile cannot be established, the general rules of jurisdiction will apply. Religious Marriages Religious marriages have no legal effects in Argentina. In the Catholic Church, there is no divorce or separation. However, there is the annulment of marriage. Divorced Catholics can marry in the church only if it has been demon - strated through the church’s internal process that they are free to marry. This also applies to non-Catholics who wish to marry a Catholic or convert to Catholicism. Marriage Annulment The annulment of a marriage is another process that spouses may file in relation to ending a mar - riage. When any of the grounds established by law arise, it is possible to request the annulment of a civil marriage, meaning it will be rendered null and void. Unlike divorce, when a marriage is declared null, it is as if it never existed. The grounds for declaring the annulment of a civil marriage are: • if there was an error regarding the identity of the person with whom the marriage was contracted;

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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

• when both or one of the spouses are under 18 years of age; • when the marriage was entered into under the influence of force or fear strong enough to prevent the free exercise of decision-making; • when there was no freedom of consent because one of the spouses was abducted; • when one of the spouses was involved in the crime of spousal homicide in a previous mar - riage; • when a prior marital bond still exists; • when the marriage was contracted between: (a) kinship in a straight line in all degrees, regardless of the origin of the relationship; (b) kinship between bilateral and unilateral siblings, regardless of the origin of the relationship; and (c) affinity in a straight line in all degrees. The annulment is processed through legal pro - ceedings before a judge. The process begins with a lawsuit, for which presenting the marriage certificate is a fundamental requirement. Once the marriage is annulled, all reciprocal rights and obligations arising from it cease as of the same day. If bad faith is proven in one of the spouses, they will be obligated to compensate the other Under the CCC, there is no judicial process under which spouses can obtain a separation sentence other than liquidation of marital assets. Separation of assets refers to a resolution by which the communal marital assets are divided between the spouses, who continue to be mar - ried under a different marital asset system (the separated patrimony system). for all damage caused. Separation of Assets However, a process of judicial separation of mar - ital assets may be filed in case spouses intend to extinguish the marital assets and for some

reason (ie, religious) they do not want to file for divorce. The judicial separation of assets may be requested by one of the spouses: • if the other spouse’s mismanagement threat - ens to cause the loss of their eventual rights over the community property; • if the other spouse is declared in a state of preventive insolvency or bankruptcy; • if the spouses are living apart without the intention to reunite; • if, due to incapacity or excuse of one spouse, a third party is appointed as the curator of the other. 1.2 Choice of Jurisdiction The law of the last marital domicile determines the applicable law and court jurisdiction in divorce cases and all matters concerning mar - riage nullity. Argentina adopted a federal system of government in which each of the 23 provinces (and the Autonomous City of Buenos Aires) has its own procedural law. Thus, the applicable law is always the CCC, and the court with jurisdic - tion is the provincial court where the last mar - riage residence was settled. The same grounds apply to same-sex marriages. A party to a divorce may contest jurisdiction if the last marriage domicile is not in Argentina. Marriage dissolution procedures are governed by the spouses’ last marital residence law. How - ever, if the last marital residence was in a foreign country, the parties may file for divorce in that country and then register the resolution at the local register. An Argentine judge’s intervention is needed to receive all foreign-certified divorce documents. Foreign divorces are recognised when the sen - tence is issued according to the last marital

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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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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

vately. The court does not have to address mari - tal regimes in the divorce decree; instead, the parties can privately settle the liquidation of their marital property. They can agree on how to dis - tribute the assets between themselves. Alterna - tively, if needed, either or both parties may file a petition for a judicial liquidation and distribution procedure. The CCC includes two forms of marital estate: property earned or purchased by the husband or wife during the marriage. This marital property can then be classified as marital estate admin - istered by the husband during the marriage and marital estate administered by the wife during the marriage, regardless of who holds title over the specific good. This means that any spouse can hold the title of a property, which is still considered marital estate – although it will be administered by the spouse holding its title. The marital estate also comprises all assets under the names of companies or third parties that have been established using marital assets or because of the liquidation of marital assets. When a marriage is terminated (due to death or divorce), the assets that qualify as shared/ marital property are grouped together. After the applicable liabilities and claims of each spouse have been worked out (which may include com - pensation for the differences in the value of the property), they are divided and distributed equal - ly between the spouses (in case of divorce) or between the heirs and the surviving spouse (in case of death). Trusts Argentine law recognises the concept of trusts. Although Argentina has not signed the Hague Convention on the Law Applicable to Trusts and Their Recognition (1985), some court precedents acknowledge the existence and enforceability of

foreign trusts, provided that such trusts do not violate Argentine public order (eg, rules regard - ing inheritance for descendants and spouses). Regulations or by-laws of a trust cannot override the forced heirship rule. As this rule is part of public order, any provisions or structures (such as trusts) that conflict with it can be challenged in court. Argentine law offers legal remedies for cases where a forced heir has been negatively affected regarding the forced share they are enti - tled to receive. In this context, any heir is entitled to file a collatio bonorum claim, which involves joining the assets together into a common fund. There are precedents from Argentine courts where forced heirship claims have been admit - ted against trust assets where the legitimate por - tion of one of them was infringed. The case of Vogelius, Angelina y otros c/ Vogelius, Federico y otros In this case, the Supreme Court of Argentina ruled that even though a trust was established in the UK with assets located there, the succes - sion must be governed by Argentine civil law. The court addressed the issue of collatio bono - rum (accounting for gifts made during the sett - lor’s lifetime) and determined that a trust created to benefit a forced heir of the settlor might be classified as a gift to that heir made prior to the settlor’s death. Consequently, this trust must be included in the estate’s accounting, as its impli - cations go beyond what is allowed under inherit - ance law. Regarding private international law matters, the court established that even though the trust was governed by UK law, the succession was subject to Argentine law because the deceased was last domiciled in Argentina.

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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

2.4 Spousal Maintenance The CCC establishes spousal maintenance or economic compensation in exceptional and temporary circumstances, including: • in case of illness, or where a clear economic disadvantage means a worsening of their situation and the marital bond and its break- down is a likely cause; • when experiencing difficulty in obtaining a job (generally in relation to the parent that holds custody of children); or • in case of potential loss of pension rights, they have the right to claim compensation. Compensation may consist of a one-time ben - efit, an income for a specified time or, exception - ally, an income for an indefinite period. Financial compensation claims have a six-month statutory limit after the divorce decree has been issued. 2.5 Prenuptial and Postnuptial Agreements Under the CCC, marital agreements (conven - tions) are accepted under Argentine law. For such agreements to be valid, the marriage must be celebrated, and the agreements are required to determine: • an inventory of assets of each spouse; • donations between spouses before marriage; and • the adoption of one of the matrimonial prop - erty regimes. Said agreements need to be signed by public deed. Argentina has only two marital property regimes: the community property and the sepa - rate property regime. The community regime acts principally as the default regime if spouses keep silent on which regime they adopt. Also, spouses may change the matrimonial property

adopted (only from a community regime to a separate regime and vice versa) within a year of marriage or once a year has passed since the last change. If foreign prenuptial agreements are made, they must adhere to CCC regulations and be filed and registered with the Civil Registry if the marriage celebrated in another country is also registered in Argentina. No postnuptial agreements are recognised by law. However, some private postnuptial agree - ments may be agreed upon by the spouses when a private separation and liquidation of the marital assets is signed. For (pre)marital agreements to be enforceable, they must be documented through a public deed, and their content must comply with legal requirements. Courts have seen cases challeng - ing whether the proper formal procedures were followed. Due to the variety of clauses included in these agreements, there is no significant case law. 2.6 Cohabitation The CCC recognises certain rights for cohabit - ants, provided they have been together for at least two years. Through “cohabitation agree - ments” ( pacto de convivencia ), domestic part - ners can regulate different aspects of their lives together, such as economic aspects for distrib - uting property and other responsibilities. The CCC also provides protection for the family home and, if one partner dies, the survivor is granted the right to free housing in the home they shared for a period of two years. The law recognises other partial effects on partners (ie, social security and pension rights); however, the legal recognition provided for them is restricted.

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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.

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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

Child Maintenance In Argentina, child maintenance ( alimentos ) is defined as the financial support that one parent provides to the other for the care, upbringing, and welfare of their children after the breakdown of a relationship or marriage. The obligation to provide maintenance arises from the legal duty of parents to support their children, ensuring they have access to the basic needs necessary for their development, such as food, clothing, education, health, and shelter. The child maintenance applies to both biological parents, regardless of marital status or relation - ship. Alimentos shall include: • education (school fees, books, extracurricular activities, etc); • healthcare (medical expenses, dental care, insurance); • clothing; and • housing (when the child lives with the custo - dial parent, maintenance also contributes to the housing expenses related to the child’s needs). Parents are expected to share the responsibil - ity for maintaining their children, and the law recognises that these duties do not end when the child reaches adulthood in certain situations – for example, if the child is still studying or is unable to support themselves. The parents’ incomes and the financial agree - ments between the spouses in a divorce directly affect the calculation of child maintenance. While there is no fixed formula for calculating child maintenance in Argentina, the law typically sets out a percentage of the non-custodial par - ent’s income, which the court may adjust based on the child’s needs and the financial ability of

The contract agreement shall address the fol - lowing: • 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 holidays, and other important dates; and • how will the children communicate with each parent. When courts approach an application for child support or related matters in the context of family law, they generally follow a process that ensures the child’s best interests are prioritised. For a general overview of how courts typically handle such applications, please see 3.1 Choice of Jurisdiction . Following the breakdown of a relationship or marriage, the legal approach to custody and parental responsibility focuses on ensuring the children’s best interests are upheld. The courts typically follow a structured process determined by the CCC when determining custody and the allocation of parental responsibility. In Argentina, there are certain restrictions on the court’s ability to make orders regarding a child’s living and contact arrangements, particularly to ensure the child’s best interests are always the primary consideration. These restrictions are in place to protect the child’s welfare and ensure that decisions regarding custody and visitation are not harmful to the child’s emotional, physical or psychological development.

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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

both parents. By way of example, child main - tenance may range between 15% and 25% of the non-custodial parent’s income, depending on the number of children and other relevant factors. The percentage may increase or be adjusted if there is more than one child. In cases where the parents are not in agreement about the amount of maintenance, a judge will evalu - ate the parents’ incomes, the needs of the child, and other factors to determine an appropriate maintenance amount. In joint or shared custody cases, where the child spends an equal amount of time with both par - ents, the amount of maintenance may be adjust - ed, with both parents contributing proportionally to the child’s needs. The court will consider both parents’ incomes and the practicalities of care and financial support. As described previously, parents may address child maintenance arrangements privately and then seek the judge’s acknowledgement. Permanent and temporary maintenance orders In Argentina, the court can issue both tempo - rary and permanent maintenance orders, which are granted while a case is still pending, ensur - ing that the child’s needs are met before a final decision is made. The weaker party typically requests this type of order. Conversely, perma - nent maintenance orders are established once a final decision is reached and remain in effect until the child turns 18 or until there is a change in circumstances. In Argentina, child maintenance orders generally last until the child reaches the age of 21 (unless the adult child has sufficient resources to provide for themselves). However, there are exceptions and, in some cases, the maintenance obligation

can extend beyond this age limit until the child reaches the age of 25 (for children attending uni - versity or vocational school and if they cannot support themselves). Moreover, beyond the age of 21, if the child is incapacitated or unable to work due to a physical or mental condition, the parent may still be required to provide mainte - nance, regardless of the child’s age (on a case- by-case basis). The minimum age for a child to be able to apply for maintenance directly in Argentina is 18 years old, as this is the age of legal majority and the capacity to make independent legal decisions. Medical treatments It is important to highlight that under the CCC, there is a presumption that children between the ages of 13 and 16 can make decisions regard - ing non-invasive medical treatments that do not compromise their health or pose a serious risk to their lives or physical integrity. For invasive treatments that do compromise their health, or when their integrity or life is at risk, the adolescent must give their consent with the assistance of their parents. In the event of a conflict between the parents, the matter is resolved by prioritising the adolescent’s best interests based on medical opinions regarding the consequences of carrying out or not carrying out the medical procedure. 3.3 Other Matters Courts in Argentina have the authority to issue orders regarding the upbringing of a child when parents have not reached an agreement regard - ing schooling, medical care, religion, and holi - days. In Argentina, courts consider allegations of parental alienation to be a restrictive matter that

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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

considers the best interests of the child (as a public order rule). The factors to be considered are: • the child’s behaviour and relationship patterns – changes in the child’s behaviour towards the alienated parent (such as sudden hostility, fear, or rejection) that cannot be reasonably explained; and • parental conduct – evidence is examined to determine whether one parent has engaged in alienating behaviours, such as: (a) making disparaging remarks about the other parent; (b) limiting contact or access without valid reasons; and (c) manipulating the child to develop nega - tive feelings towards the other parent. In respect of parental alientation, the court may also: • order evaluations by mental health profes - sionals to identify signs of alienation and its impact on the child; and • consider whether the alienation has nega - tively affected the child’s emotional health, self-esteem, or ability to form stable relation- ships. When parental alienation is established, the court can take measures such as adjusting custody or visitation arrangements, mandating therapy, or imposing penalties on the alienating parent to safeguard the child’s welfare. Once again, the principle of protecting the child’s well-being applies to children giving evidence in court. The CCC grants children the right to be heard in legal proceedings affecting them – tak - ing into account their age, maturity, and level of understanding.

Ultimately, the court uses the child’s testimony as one of several factors to determine the course of action that best aligns with the child’s rights and welfare. 3.4 ADR Mediation is a well-established mechanism that helps parties resolve all family disputes (including child support, spousal maintenance, and marital asset division). It is a widely used ADR method in Argentina. Mediation involves a neutral third party (the mediator) who facilitates communication and negotiation between the parties to reach a mutually agreeable solution. The rule of confidentiality allows parties to nego - tiate freely without fear that their discussions will be used against them in court. The law also allows private agreements to be settled by the parties with the participation of legal advice as a requirement. In many provinces in Argentina, both mediation and private agreements are mandated by law as a prerequisite to filing certain types of court cases, including financial disputes. 3.5 Media Access and Transparency In Argentina, reporting cases involving children is highly restricted to protect their privacy and safeguard their best interests. The applicable regulations are: • The Convention on the Rights of the Child, incorporated into Argentina’s Constitution, guarantees children’s rights to privacy. • The Civil and Commercial Code and Law 26,061 on the Comprehensive Protection of the Rights of Children and Adolescents explicitly prohibit the publication of any infor - mation that may directly or indirectly identify a child involved in judicial proceedings.

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ARGENTINA Law and Practice Contributed by: Herberto Robinson, McEWAN

Media outlets are prohibited from publishing names, photographs, or any identifying details about the child or their family. Violations of these rules can result in legal penalties, including fines or sanctions for the publication. Anonymity All case reports will anonymise children’s infor - mation to protect their identity. Names and other identifying details, such as addresses, school names, or photographs, will be redacted or replaced with initials or pseudonyms in all official records and public communications.

In family law cases, proceedings involving chil - dren are automatically anonymised as a matter of law to protect their privacy and dignity. Par - ents may still wish to ensure further anonymisa- tion or privacy. If any party, media outlet, or individual breaches confidentiality rules, the court may impose fines or sanctions. The offending party may face addi - tional legal consequences.

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