Child Custody

For Families traveling to Chile, there are several issues that foreigners should be aware of in regards to traveling with minor children and Chile. Chile is avparty to the Hague Convention on Child Abductions and Child Custody. This has many ramifications for families considering moving, living in, or simply traveling to Chile with Children. We would like to explain the basics of Child custody in Chile, and travel authorization for minors to travel in to and out of Chile.

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Divorce in Chile

Recognition of a Foreign Divorce in Chile

Even though you were divorced outside of Chile, your foreign divorce will not be automatically recognized in Chile. This means for all purposes your former spouse, first spouse if you have been remarried more than once, is still your spouse for all legal and practical purposes in Chile until your foreign divorce is recognized or you obtain a divorce in Chile. This includes rights to your estate, and any new marriage will be viewed as illegitimate or illegal until the first divorce is formally accepted under Chilean law.

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Inheritance and Wills in Chile

Sooner or later, everyone with assets in Chile is going to pass on. It is critical that foreigners understand as owners of real estate and other assets in Chile exactly how the inheritance laws in Chile work. Estate planning is very different in Chile, due to the tradition of mandatory inheritors under Chilean law. This overview we hope will be of assistance for getting started with estate planning, and also for those family members that may be heirs to estates under the jurisdiction of Chile.

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