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FAMILY LAWYERS IN SANTIAGO CHILE
Family Law regulates legal relationships derived from marriage, parentage, alimony, personal care and protection of children and adolescents, in accordance with the Civil Code, Law No. 19,968 that creates the Family Courts and current complementary legislation.
Our law firm provides strategic advice on divorce, alimony, custody, visitation, financial compensation and domestic violence, with a technical, rigorous approach focused on the protection of rights.
Legal basis of the Alimony Pension.
The maintenance obligation is regulated in the Civil Code and special laws.
Includes:
FoodEducationHealthWardrobeHousing
The amount is determined considering the needs of the obligor and the economic capacity of the obligor.
Personal Care (Guardianship)
The personal care of the children corresponds jointly to both parents, or it can be determined exclusively or shared by agreement or judicial resolution, always ensuring the best interests of the child.
Direct and Regular Relationship (Visits)
It is the right and duty of the parent who does not have personal care to maintain regular, healthy and fluid contact with their child. Its establishment seeks to guarantee the comprehensive development of the minor and their right to co-parenting.
Economic Compensation
It occurs when one of the spouses, as a result of having dedicated themselves to caring for the children or doing household chores, was unable to carry out a paid or lucrative activity during the marriage, or did so to a lesser extent than they could and wanted.
Request a personalized, confidential legal evaluation and protect your rights with strategic professional advice.
Domestic Violence
The law contemplates urgent measures:
- restraining order
- Prohibition of approach
- Precautionary measures
The procedure is urgent and quick to process.
Complementary Regulations of Family Law
In addition to the Civil Code, the Chilean family system is complemented by special laws:
Law No. 19,968
Creates Family Courts and regulates judicial procedure.
Law No. 19,947
Regulates marriage, separation and divorce.
No. 21,389
Establishes the National Registry of Food Pension Debtors.
Book I of the Civil Code: Of Persons (Basis of Family Law)
It is the regulatory core of Chilean Family Law. Here they are regulated:
Marriage
Concept, requirements and legal effects (art. 102 et seq.).
Affiliation
Regulation of the legal bond between parents and children, recognition and challenge (art. 179 et seq.).
Homeland Power
Rights and duties of parents regarding the child's property (art. 243 et seq.).
Food Law
Legal obligation to provide food (art. 321 et seq.).
Guardianships and Guardianships
Protection of incapable people (art. 338 et seq.).
Marital Status
Family legal situation of the person (arts. 304 et seq.).
This book contains the structural bases of the Chilean family legal system.
Key Details of Article 304
- Definition: “Civil status is the quality of an individual, as it enables him to exercise certain rights or contract certain civil obligations.”
- Purpose: Determines the legal status of the person, for example, single, married, widowed, divorced, child, father, etc.
- Importance: It is the basis for the exercise of family and property rights.
Relevant points related to civil status in Chile:
- Accreditation: It is accredited through certificates issued by the Civil Registry and Identification Service.
- Sentences: Certain declaratory sentences regarding civil status have absolute effects, that is, they are valid against everyone.
- Claim action: The action to claim a civil status is imprescriptible.
This article is located in Title IX of Book I of the Civil Code, dedicated to civil rights and obligations.
Lex Juicios Lawyers News from Family Lawyers in Santiago by Author: EL Mostrador.
The Judiciary is preparing the First National Children's Day, a meeting that will bring together ministers, judges, representatives of Family Courts from all over Chile and children and adolescents from the Advisory Council of the Specialized Protection Service on November 28 and 29. The instance, which will take place in the Administrative Corporation of the Judiciary and in the Court Palace, seeks to present advances, challenges and new proposals to strengthen child protection towards 2030.
During the last year, various commissions made up of ministers, judges and technical teams have worked on initiatives that address key issues such as the application of Law 21,430, that changed the paradigm from a tutelary vision to that of “subjects of law”, coordination between institutions, alternative care modalities and judicial monitoring mechanisms. These commissions have had the support of professionals from Technical Advisories, the Protection Measures Monitoring Center, the Children's Ombudsman's Office, Unicef and government and civil society organizations.
The meeting seeks to bring together authorities and teams from Family Courts to present proposals, analyze challenges and advance a common work agenda towards 2030 in matters of childhood and family.
The commissions that have worked on the preparation of this day were organized by thematic areas, among them:
- Advances and Challenges of Law 21,430: This regulation, in force since 2022, established the System of Guarantees and Comprehensive Protection of the Rights of Children and Adolescents, marking a paradigm shift: it left behind the guardianship perspective to recognize children and adolescents as “subjects of law.” Among its main advances, the creation of the administrative protection system stands out, which speeds up the State's response, and the progressive installation of local children's offices. This commission is led by the judge of Viña del Mar, Macarena Osorio.
- Coordination of the Judicial Branch with collaborating institutions: This commission will analyze the coordination of the Judiciary with the subcommittees of the Specialized Protection Service, the Undersecretariat for Children, the Gendarmerie of Chile and the Specialized Protection Service for Adolescents who are close to reaching the age of majority. The work is led by the minister of the Court of Appeals of Talca, Jeannette Valdés.
- Coordination with Specialized Protection Service and Undersecretariat for Children, based on the national table, by the minister of the Court of Appeals of Chillán, Paulina Gallardo.
- Alternative modalities for the care of children and adolescents, led by the judge of the 4th Family Court of Santiago, Pedro Maldonado.
- Human Rights of Boys, Girls and Adolescents in Human Mobility, led by the preferred judge of the Center for Precautionary Measures, María Olga Troncoso.
- Prevention of sexual exploitation of children and adolescents, evaluation, observation and judicial monitoring mechanisms, led by the judge of the Family Court of Villa Alemana, Paz Cataldo.
- Evaluation, observation and judicial monitoring mechanisms, by the Minister of the Court of Appeals of Temuco, Alberto Amiot.
- Compliance with national and international obligations on childhood matters, by the judicial prosecutor of the Court of Appeals of Antofagasta, María Teresa Quiroz.
These working groups will deliver a notebook compiled with proposals and analyzes on childhood and family, prepared from the work developed by each commission. The document will define new challenges and directions, with a focus on strengthening innovation, inter-institutional coordination and collaborative work to advance the protection of children and adolescents.
The event will also feature the participation of members of the Advisory Council of the Specialized Protection Service, and will present the special program “Voices of the Future”, the first podcast of the Judiciary dedicated to justice and the rights of children and adolescents. “Author: EL MOSTRATOR”
2.- Personal care (custody) of children
When there is conflict between parents, you can:
Request unilateral self-care.Defend your right to maintain custody.Establish fair communication regime.Protect minors from risk situations.
We act quickly to protect the child's well-being.
4.- Divorce (mutual agreement or unilateral) takes an average of 30 days.
In Chile there are:
Divorce by mutual agreement.Unilateral divorce (cessation of cohabitation).Liquidation of marital partnership.Economic compensation.
A family lawyer from Lex Juicios Lawyers speeds up the process and avoids errors that delay the sentence. We usually manage to obtain it in approximately 30 days. a divorce decree.
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Divorce Trials in Chile
We offer expert representation to process your marriage term in the most expeditious manner and safeguarding your property and family rights:
Divorce by Mutual Agreement: Drafting a complete and sufficient agreement for a quick process.Unilateral Divorce: Sponsorship in trials without the consent of the other party.Fault Divorce: Defense against serious transgressions of the duties of marriage.Termination of Coexistence: Management and processing of the base document for the calculation of legal deadlines.
Food Pension
The determination and collection of alimony requires a detailed technical analysis to ensure the well-being of the children and the proportionality of the burdens:
Amount Calculation: Rigorous evaluation of the real food needs and economic capacity of the parties.Judicial Withholding: Expedited processing before the court to ensure direct payment through employer withholding.Debtors Registry: Activation of the measures of Law No. 21,389 for the registration of defaulters and associated restrictions.Pressure Measures: Request for license suspensions, arrests and tax refund withholdings in cases of non-compliance.
Visiting Regime
- Direct and regular relationship
- Non-compliance
- Modification
Family lawyers in Santiago: five urgent matters to protect your rights
Alimony (demand for increase or reduction)
If you are not receiving the pension or need to adjust the amount due to a change in financial circumstances, an attorney can:
File a claim before the Family Court.Request salary withholding.Manage enforcement measures (such as arrest or arraignment).Process a reduction if your income decreased.
Diligent processing thinking about the well-being of your children.
Domestic Violence VIF
- Precautionary measures
- restraining order
- Urgent protection
Why hire a Family Lawyer in Chile?
A Family Lawyer in Chile not only processes trials, but also designs a procedural strategy that protects property and family rights. In matters such as divorce, alimony or personal care, a poor defense can generate permanent economic and legal consequences.
Professional advice allows:
Evaluate legal viability of the caseProtect heritage and assetsDefend the best interests of the childAvoid procedural nullitiesNegotiate favorable agreements
Principles governing Family Law
The Chilean system is based on:
Best interest of the childEquality of spousesFamily protectionProcedural good faithProportionality
These principles guide the decisions of the Family Court.
What is Family Law?
Family Law is the branch of civil law that regulates legal relationships derived from marriage, filiation, adoption, alimony, personal care of children and the protection of children and adolescents.
In Chile, Family Law is regulated mainly in the Civil Code, Law No. 19,968 that creates the Family Courts, the Civil Marriage Law and other special regulations.
Its purpose is to protect the family structure and guarantee respect for fundamental rights, especially the best interests of the child.
A Family Lawyer in Chile advises and represents people in family conflicts, designing legal strategies to protect property and personal rights before the Family Court.
Family Law is the branch of civil law that regulates marriage, divorce, parentage, alimony, personal care and relationships between parents and children. In Chile it is regulated by the Civil Code and the Family Court Law.
What books regulate Family Law in Chile?
- Structure of the Chilean Civil CodeThe Chilean Civil Code—following the Romano-Germanic tradition adopted in Latin America—is systematically structured into:Preliminary Title
- Four Books
- Final Title
It regulates from article 1 to article 2525, covering the entirety of private law: persons, assets, inheritances and obligations.
Preliminary Title (Arts. 1 to 53)
It contains fundamental rules on:
Concept and obligation of the lawPromulgation and validityNormative interpretationBasic legal definitions
Establishes the general principles of application of the law.
Book I: Of the Persons (Arts. 54 to 564)
It is the basis of Family Law.
Regulates:
Natural and legal personsAddressMarriageRelationships between spousesAffiliationParental authorityFood rightGuardianships and conservatorships
Here the family organization and the marital status of people are legally structured.
Book II: Of Assets (Arts. 565 to 950)
Regulates:
Classification of assets (movable and immovable)Domain or propertyWays to acquire the domainPossessionUsufructEasements
It is the axis of real law.
Book III: Succession by Cause of Death (Arts. 951 to 1436)
Regulates:
InheritancesWillsAssignments and legaciesDivision of assetsInter vivos donations
It is the foundation of inheritance law.
Book IV: Obligations in General and Contracts (Arts. 1437 to 2524)
It is the longest book of the Civil Code.
Regulates:
Sources of obligationsGeneral contract theorySale, lease and other contractsContractual and extracontractual liabilityBails and sureties
This book structures the patrimonial and commercial dynamics of private law.
Final Title (Art. 2525)
Article 2525 of the Civil Code of Chile establishes that the extinctive (or liberatory) prescription of ordinary actions occurs after the passage of five years. This rule applies to the extinction of rights and actions, generally when an action that requires a specific statute of limitations has not been exercised.
Key details about Article 2525:
General Term: Extinguishes common shares in five years.Start of computation: The time begins to be counted from the moment the obligation has become payable.Differentiation: It differs from short-term prescriptions (article 2524) that regulate special actions, such as fees or professional services.Context: It is found within Title XLII “On prescription”, regulating how actions are lost for not exercising them within the established time.
Systemic Approach
The structure of the Civil Code divides private law into four large areas:
PeopleGoodsSuccessionsObligations
In matters of Family Law, Book I is the regulatory core, while Book IV affects the property effects of marriage and divorce.
Lex Juicios Family Courts Santiago family court
FAMILY LAWYERS IN SANTIAGO.
FAMILY LAWYERS IN SANTIAGO
Specialized Legal Evaluation
LEX TRIAL FAMILY LAWYERS
Frequently asked questions:
How long does a divorce take in Chile?
It depends on the type of divorce and the burden of the court. An uncontested divorce can take anywhere from 30 days to 2 to 6 months. Unilateral or fault divorce can be extended longer if there are disputes over alimony, property or personal care.
What do I need to get divorced?
Marriage certificate, accreditation of the cessation of cohabitation and regulation of matters such as food, personal care and property. The procedure is processed before the competent Family Court.
How much separation time is required?
Three years for unilateral divorce and one year for divorce by mutual agreement, counted from the effective cessation of legally accredited cohabitation.
Can you divorce without agreement?
Yes. Unilateral divorce is appropriate when there is cessation of cohabitation for the legal period, even if the other spouse does not agree.
What is financial compensation?
It is compensation that can be requested by the spouse who suffered economic loss for dedicating themselves to the home or children during the marriage.
How is alimony calculated?
The needs of the obligor and the economic capacity of the obligor are considered. There is no fixed percentage, but the courts apply proportionality criteria.
What happens if they don't pay the pension?
The court can order withholding of wages, suspension of driver's license, arraigo and registration in the National Registry of Debtors.
Can the pension be increased?
Yes, when the financial circumstances of the obligor change or the needs of the beneficiary increase.
Can the pension be reduced?
Applicable if the obligor's income decreases or economic conditions substantially change.
When does the maintenance debt expire?
Accrued pensions expire according to general rules, but can be interrupted by judicial action.
What is the National Debtors Registry?
It is a system that registers those who maintain food debts, generating restrictions such as financial and administrative impediments.
Can they withhold the tax refund?
Yes. The Treasury can withhold returns to pay food debts.
How to get personal care?
It must be requested before the Family Court, proving that the measure favors the best interests of the child.
What is shared custody?
It is a modality where both parents exercise personal care in a joint and coordinated manner.
How are visits modified?
Through a request for modification if circumstances change or there is repeated non-compliance.
What happens if they do not comply with the visitation regime?
The court can apply fines or modify the regime.
How to recognize a son?
It can be done voluntarily before the Civil Registry or by court ruling.
Can paternity be challenged?
Yes, through judicial action within the established legal deadlines.
Is DNA testing mandatory?
When there is a dispute over parentage, the court may order biological testing.
What rights does an unmarried father have?
He has the same rights and duties with respect to the legally recognized child.
What assets enter into marital partnership?
Those acquired during the marriage, except for legal exceptions as personal property.
How is the marital partnership liquidated?
Inventory and division of assets is carried out, judicially or notarized, depending on the case.
What is total separation of assets?
It is a property regime where each spouse manages their own assets.
What is participation in the assets?
Regime where each spouse manages their assets, but profits are compensated at the end.
How to report domestic violence?
You can report it to Carabineros, PDI or directly to the Family Court.
What measures does the court dictate?
Restraining order, prohibition of approach and urgent precautionary measures.
Can parental rights be suspended?
Yes, in serious cases that affect the interest of the minor.
What is parental authority?
Set of rights and duties of parents regarding property of the minor child.
What happens if one of the parents leaves the country?
Judicial authorization may be requested or departure prevented if it affects the rights of the minor.
Can leaving the country be prevented?
Yes, by court order when there is a risk for the child.
How is adoption processed?
Through specialized judicial procedure and evaluation of the competent Service.
What is family mediation?
Prior process to try to agree on matters such as food or visits.
Is mediation mandatory?
In most family matters, yes, before starting a trial.
How much does a family trial cost?
It depends on the complexity of the case and professional fees.
Can retroactive food be demanded?
Yes, from the date the claim was filed.
What happens if I hide income?
The court can investigate and set pension according to actual capacity.
Can you change your last name?
Proceeds through judicial means in well-founded cases.
What is interim personal care?
Temporary measure while the main trial is resolved.
What is economic violence?
Form of violence that involves control or deprivation of economic resources.
When does the Family Court intervene?
When there is legal controversy in matters regulated by the Family Court Law
EMERGENCY TELEPHONES FAMILY COURTS
Metropolitan Region - Family Building
1st Family Court · CALL · 2nd Family Court · CALL · 3rd Family Court · CALL · Precautionary Measures Center · URGENT
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Court Hours: Monday to Friday 08:00 - 14:00 hrs.
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3.- Visitation regime (direct and regular relationship)
If the other parent prevents visits or does not comply with schedules:
It can be regulated judicially.Request forced compliance.Modify the existing regime.Report repeated non-compliance.Was he accused of sexual abuse to prevent him from seeing his children?
This avoids constant conflicts and provides legal stability.
5.- Domestic violence (VIF)
In urgent cases you can:
Request immediate protective measures.Restraining order.Prohibition of approach.Police protection.
Time is crucial here. Immediate advice can make a difference. Violence can come from a woman to a man or from a man to a woman. In any of these cases, it is very important to report and take the service of a lawyer Lex Juicios Lawyers
Mandatory Family Mediation in Chile
Family lawyers in Santiago
Mandatory Family Mediation in Chile
In the Chilean legal system, as established in the Law No. 19,968 that creates the Family Courts, the vast majority of cases cannot be presented directly before a family judge. The law requires a prior and mandatory process of Family Mediation before starting a trial.
1. In what subjects is prior Mediation mandatory?
If your legal problem is related to any of the following matters, you must undergo mediation before suing:
- Food Pension: Both for setting an initial alimony, and for requesting an increase or reduction of it.
- Direct and Regular Relationship (Visit Regime): To establish, modify or suspend the communication regime of the children with the non-custodial parent.
- Personal Care (Guardianship): To legally determine which of the parents will be in charge of the daily care and upbringing of the children.
2. What happens if the Mediation is successful?
If both parties reach an agreement during mediation, a Minutes of Agreement. This document is sent to the corresponding Family Court for approval. Once approved by the judge, you have the same value as a final court ruling.
3. What is the Frustrated Mediation Act?
If one of the parties does not attend the summons or if, by attending, it is not possible to reach an agreement, the mediator will declare the process frustrated and will issue the Frustrated Mediation Record. This document is an enabling and mandatory legal requirement so that our family lawyers can draft and file your claim in court.
Do you want to sue for alimony?
Contact us and leave your problem in good hands, our fees are flexible.
Legal Representation in the Metropolitan Region of Santiago and All of Chile
In Lex Juicios Lawyers We understand that family contingencies require immediate action, no matter where you are. Therefore, we provide comprehensive coverage that combines in-person attention in our Santiago offices with solid digital representation and remote litigation for the entire national territory.
Coverage in the Santiago Metropolitan Region:
We actively represent and litigate before all the Family Courts of Santiago, covering all the communes of the Metropolitan Region, with special emphasis on:
Eastern Sector: Las Condes, Vitacura, Providencia, Lo Barnechea (La Dehesa), Ñuñoa and La Reina.Santiago Center and Surroundings: Santiago Centro, Estación Central, San Miguel, Macul, Peñalolén and La Florida.North, South and West Zones: Conchalí, Recoleta, Independencia, Maipú, Pudahuel, San Bernardo, Puente Alto and San Joaquín.Provinces and Surroundings: Colina (Chicureo), Lampa, Talagante, Melipilla, Buin and Paine
Coverage and Litigation in Regions (National Attention):
Coverage and Litigation in Regions (National Attention):
Thanks to the electronic processing of the Family Courts in Chile, our team sponsors cases and appears remotely and in person in the main jurisdictions of the country:
- North Zone: Arica, Iquique, Antofagasta, Copiapó, Coquimbo and La Serena.
- Central Zone: Valparaíso, Viña del Mar, Quilpué, Rancagua, Curicó and Talca.
- South Zone: Chillán, Concepción, Los Ángeles, Temuco, Valdivia, Osorno, Puerto Montt, Coyhaique and Punta Arenas.
We handle mutually agreed and unilateral divorces, alimony and their increases, personal care, direct and regular relationships, domestic violence and mandatory mediation.
Describe your case by WhatsApp or email and a family law lawyer will contact you to guide you at each stage, with confidential attention.
Do you have a family matter you need to resolve?
Lex Juicios Lawyers It has a multidisciplinary team in family matters. All queries are treated under absolute confidentiality.
Write to us indicating your name and the subject you need to review, and we will coordinate an initial conversation.
Write us your family law matter and we will respond within business hours.
What does Family Law cover?
Family law regulates the personal and property ties between parents, children, spouses and cohabitants. In Chile, this matter is addressed by the Family Courts, where specialized legal advice is required to protect your rights and those of your family.
Legal advice in Family Law
Unilateral and mutually agreed divorces
We advise you throughout the entire process, from the preparation of the lawsuit to the ruling, including financial compensation and liquidation of common assets.
alimony
If the other parent does not comply with their obligations, we file claims for support, adjustments and payment compliance before the courts.
Tenure and visitation
We represent your rights as a father or mother in matters of personal care and in establishing the communication regime.
Direct and regular relationship with grandparents or other relatives
We protect the emotional rights of children, even in relationships with other relevant family members.
Other areas for People
Criminal Law
Economic crimes, scams, money laundering, illicit association and highly complex criminal defense.
See area →Civil Law
Asset seizures, damages, precarious property, leases, partition trials, civil lawsuits and high-value inheritances.
See area →Local Police Court
Traffic fines, TAG, accidents and co-ownership, with personalized monitoring of each cause.
See area →Immigration Law
Temporary residence, visas, appeals and permanent stay.
See area →The difference of Lex Juicios Lawyers
Proven responsibility and commitment
Sustained track record in highly complex litigation, corporate criminal defense and cross-border advice, with dedication and technical rigor in each assignment.
Multidisciplinary approach
We integrate specialists from various legal areas to address your challenges from a civil, tax, labor and criminal perspective in a single coordinated strategy.
Direct and confidential communication
Direct contact with the professional responsible for your matter. Your case is treated under strict confidentiality, prioritizing the peace of mind of your business.
Do you need guidance on this matter?
Let us analyze your case under absolute reserve and confidentiality.