Family Law in Costa Rica.
Family matters require not just legal knowledge, but sensitivity and strategy. At CPG Legal, we provide bilingual legal services to expats and nationals in all areas of Costa Rica family law. Whether you are planning a marriage, filing for divorce, or protecting your assets, our focus is on securing the best possible outcome for you and your family.
We serve clients throughout Costa Rica — including San José, Heredia, Cartago, Alajuela, Limón, Puntarenas, and Guanacaste — and offer remote consultations for international clients.
Brief History of Family Law in Costa Rica
The regulation of family matters in Costa Rica has undergone a steady process of modernization. In the late 19th century, these legal norms were dispersed throughout the Civil Code of 1887, which was heavily influenced by the Chilean model. At that time, family law did not exist as a separate legal branch, and marriage, divorce, parental authority, and succession were addressed in general civil provisions.
During the mid-20th century, significant social and cultural changes created the need for more specialized regulation. The growing recognition of women’s rights, the protection of children, and the diversification of family structures pushed lawmakers to create a framework that could address these issues more precisely.
The culmination of these reforms came with the enactment of the Código de Familia (Family Code), which centralized family law in a single statute. This code modernized the regulation of marriage, divorce, marital property regimes, parental authority, adoption, and the rights of children, replacing the fragmented approach of the Civil Code.
Subsequent Legal Reforms:
Subsequent legislative reforms incorporated international human rights standards. Notably, Costa Rica integrated the principles of the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) into its domestic law. These changes strengthened the protection of vulnerable family members and ensured that national regulations were consistent with international commitments.
A major procedural reform arrived with the Código Procesal de Familia (Family Procedural Code), which introduced a specialized system for handling family law cases. This code streamlined judicial processes, emphasized conciliation and mediation, and prioritized the best interests of children in all proceedings. It also set clear rules for evidence, deadlines, and protective measures in domestic violence and urgent family matters, improving efficiency and access to justice.
Today, Family Law in Costa Rica is a distinct and dynamic legal field, balancing tradition with the evolving needs of modern families, and aligning with both constitutional guarantees and international human rights obligations.
Types of Families in Costa Rica:
Costa Rican family laws recogniz various types of family structures, adapting to the changing social and cultural landscape. These include both traditional and modern family forms, providing equal protection under family law for all types. Here are the most common types of families in Costa Rica:
Traditional Families (Nuclear Families)
Description: Typically composed of a father, mother, and children.
Legal Implications: This is the most recognized family structure in Costa Rica, with legal provisions covering marriage, parental rights, and the division of assets in case of divorce.
De Facto Families (Uniones de Hecho)
- Description: Couples who live together without formalizing their relationship through marriage. This type of family structure has gained legal recognition over the years.
- Legal Implications: Costa Rica provides protections for de facto couples, including rights related to inheritance, property, and even spousal support in case of separation, with specific legal requirements for the recognition of the union.
Single - Parent Families (Familias Monoparentales):
- Description: Families where one parent is responsible for raising children, typically due to separation, divorce, or other reasons.
- Legal Implications: Single parents have the right to make decisions for their children, and the non-custodial parent is typically required to provide child support. Costa Rican law ensures that single parents can claim the same legal protections as traditional families.
Family Law Services We Provide:
At CPG Legal, our family law practice is dedicated to guiding clients through sensitive and often complex matters with discretion and precision. We represent both Costa Rican nationals and foreign residents in cases involving marriage formalities, divorce proceedings, child custody and visitation arrangements, prenuptial and postnuptial agreements, marital asset protection, and domestic violence protection orders. Our team handles each matter with an understanding of both the legal framework and the human dimension involved, ensuring that every step complies with Costa Rica’s Family Code, Family Procedural Code, and applicable international conventions.
Marriages.
Whether you are a Costa Rican national or a foreigner, getting married in Costa Rica requires compliance with certain family law formalities. Civil marriages must be performed by a licensed notary public, and foreign documents may need to be legalized or apostilled. We assist with:
Civil marriages for nationals and foreigners
Marital Agreements.
Advising on marital property regimes
Registering your marriage with the Civil Registry
Divorces.
Costa Rican family law recognizes both divorce by mutual consent and divorce through litigation. The process involves more than dissolving the marriage — it can also address property division, alimony, and custody.
Prenuptial and Postnuptial Agreements
A well-drafted prenuptial agreement can prevent costly disputes in the event of divorce or separation. In Costa Rica, these agreements must meet specific formalities to be enforceable under family law. We assist with both prenups and postnuptial agreements tailored to your needs.
Child Support and Alimony
Whether you are seeking support or responding to a claim, we can help establish, modify, or enforce child support and alimony orders in accordance with Costa Rican law.
Marital Assets Recovery and Protection
Property acquired during marriage may be subject to division under Costa Rica’s marital property regime. We advise on structuring ownership, to safeguard assets in compliance with Costa Rican law. We also litigate marital asset recovery, and corporate veil disregard.
Child Custody and Visitation Rights
Child custody decisions in Costa Rica prioritize the best interests of the child. We represent clients in custody disputes, negotiate parenting agreements, and ensure visitation rights are clearly defined and enforceable.
Domestic Violence and Protective Measures
Costa Rica’s domestic violence laws provide rapid protective measures to safeguard victims. We assist with filing for protection orders and representing clients in related family law proceedings.
International Family Law Matters
Our experience extends to cross-border cases, including recognition of foreign divorces, and enforcement of foreign judgments.
Why Choose CPG Legal for Family Law in Costa Rica?
Bilingual representation in English and Spanish
Nationwide service and international consultation
Proven track record in complex family law cases
Personalized strategies for your specific circumstances
Legal Protections for all Types of Families:
Regardless of the family structure, Costa Rican law offers protections to ensure equality, non-discrimination, and the right to a dignified family life. These protections are aligned with both the Costa Rican Constitution and international human rights agreements, such as the Convention on the Rights of the Child and CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women).
Family cases require more than legal knowledge — they demand empathy, cultural awareness, and strategic thinking. At CPG Legal, we combine over two decades of experience with bilingual representation. We guide clients through Costa Rica’s legal system with clarity and confidence. Whether your case involves local procedures or cross-border elements, we provide clear guidance, strong advocacy, and solutions.
Family Law Firm in Costa Rica.