This is the third of eight Alerts on the recently enacted Civil Code of Puerto Rico (the “The fresh Code”), which will repeal the current Civil Code of 1930, as amended (the “Prior Password”). The New Code becomes effective on .

Same-gender , pursuing the Best Courtroom of one’s All of us ruling inside the Obergefell v

It Alert especially contact the The institution away from Family. Below are a number of the secret change of one’s New Password:

Under the New Code, the term “marriage” is defined as a civil institution arising from a civil contract by virtue of which two absolute individuals oblige each other to be spouses. This definition was amended to substitute the words “man” and “woman” with “two natural persons” and thus comply with the Obergefell ruling.

Article 402 of The newest Password states that a wife dont depict others partner except if explicitly registered because of the told you almost every other lover, judicial power otherwise legislation. However, it is undecided when the Post 402 allows a girlfriend in order to directly portray this new conjugal union (“sociedad court de- bienes gananciales”) to which the guy/she belongs because cannot particularly address this issue. Beneath the Earlier Code, either companion you will definitely personally show the brand new conjugal relationship constituted of the them.

Hodges, which kept exact same-gender relationships prohibitions unconstitutional

Under the New Code, the age of majority remains unchanged at 21. Consequently, the New Code stipulates that in order to get married, a minor who is 18 years old needs the authorization from: (i) parents with parental authority; (ii) a guardian or (iii) the court. In contrast to the current rule of law around the Previous Code, the New Code does not recognize any instance in which an 18 year old minor may marry without authorization.

Further, even though the New Code expressly prohibits marriage by minors under 18 years of age, Article 409 of the New Code establishes that the marriage of a minor who has reached the age of 18 and marries without the corresponding authorization may not be contested if one of the spouses is pregnant or the child of both spouses is born.

Blog post 410 of your The newest Code set a statute out-of restrictions for relationships annulment actions. This short article establishes that in case, during the time of the fresh constitution of your wedding, the explanation for annulment is actually understood by one another partners otherwise of the brand new partner legitimized to help you file the experience, brand new annulment action will expire 1 year after the formalization regarding the marriage. When your factor in annulment known following the formalization, the law away from limits should beginning to work at while the trigger out of annulment is well known.

Pursuant so you can Post 416 of your own Brand new Password, inside a wedding annulment step new companion just who acted inside an effective trust are now able to found compensation for problems and you will/or loss the guy/she suffered because of the misleading steps (actuaciones dolosas) of your most other partner. It allege should be elevated during the age view where the latest courtroom annuls the wedding.

The Password eliminates some of the grounds for divorce or separation one currently occur under the Early in the day Code (age.g. vicious medication, abandonment, adultery and you can break up). As an alternative, Post 425 of New Code understands the next cause of divorce:

1. Shared concur; and you will
2. Irreconcilable variations
3. This floor lets a legal to help you decree a splitting up even if you to companion opposes they.

Pursuant to Post 476 of the The brand new Password, whenever allocating the average possessions of the dissolved wedding, the previous spouses could possibly get allege a preferential allotment of the new quarters and therefore, during the time of dissolution, constitutes part of the domestic of the ily. Whenever giving that it request preferential allowance, the newest legal need certainly to consider for every former wife or husband’s probability of acquiring their/her own household, the current presence of other features one of the ong other factors.