International Family Law in Costa Rica ☎️ CPG Legal.
International family law in Costa Rica affects many families who live or work across borders. These cases often involve parents or spouses who divide their lives between Costa Rica, the United States, Canada, or the United Kingdom. Because of this, questions about jurisdiction, procedure, and enforcement become very important.
International family disputes can feel complex. Different countries may offer different rules, timelines, and results. However, Costa Rican law provides clear guidance on when local courts have authority and how foreign judgments can be recognized.
Importantly, Costa Rican law also establishes specific areas of exclusive jurisdiction, where only Costa Rican courts may decide certain issues. In those cases, foreign courts cannot replace the role of Costa Rican judges, and foreign judgments cannot be recognized with respect to those matters.
Our goal is simple: to help you understand how international family law works in Costa Rica, so you can protect your rights, avoid conflicting proceedings, and choose the correct forum for your case.
Cross-Border Family Situations in Costa Rica
Many family disputes involve more than one country. In these cases, Costa Rican courts must decide whether they have jurisdiction. This depends on where the spouses or parents live, where the marriage took place, and where the effects of the decision will occur.
International family cases often include questions about divorce, custody, child support, relocation, and recognition of foreign judgments. Because each country applies its own law, courts must determine the “closest connection” to the family.
Costa Rica uses clear rules to make this decision. These rules come from the Código Procesal de Familia, the Código Procesal Civil, and recent decisions from the Sala Segunda de la Corte Suprema de Justicia. As a result, families with ties to Costa Rica receive predictable and consistent treatment.
Our firm acts as an international family law attorney in Costa Rica for clients from the United States, Canada, and the United Kingdom. We help determine the correct jurisdiction, coordinate with foreign counsel, and protect your rights across borders.
When do Costa Rican Courts have Jurisdiction?
Understanding when Costa Rica has jurisdiction is essential in international family law matters. The courts analyze several factors, including the domicile of the parties, where the family relationship developed, and whether any assets or legal effects are located in Costa Rica. In some cases, Costa Rica merely has concurrent jurisdiction with foreign courts; in others, the law grants exclusive jurisdiction to Costa Rican courts, meaning only local judges may decide those issues.
Costa Rica applies the Código Procesal de Familia, the Código Procesal Civil (in particular its rules on exclusive jurisdiction), and binding case law from the Sala Segunda. Together, these rules determine when local courts must or may rule on a divorce, custody case, child support claim, or any related proceeding with a foreign element, and when a foreign judgment can or cannot be recognized.
1. Last Effective Marital Domicile:
For divorce, separation, or claims related to marital effects, jurisdiction is established in two ways:
The last effective marital domicile, or
The domicile or habitual residence of the defendant.
However, Costa Rica has exclusive jurisdiction when the case includes claims of a mixed nature—such as the dissolution of marriage combined with the distribution of assets located in Costa Rica. This is not discretionary: it is based on statutory rules of exclusive jurisdiction in the Code of Civil Procedure (formerly articles 46 and 47, now reflected in article 11.2). The 2025 precedent of the Costa Rican Supreme Court (Sala Segunda, Resolution 317-2025) simply confirms this framework. Learn more about the divorce process in Costa Rica, including foreign divorces and asset division.
2. Domicile or Habitual Residence of the Defendant:
As a starting point, Costa Rican courts have jurisdiction when the respondent has their domicile or habitual residence in Costa Rica. This rule applies to many international family disputes, but it yields when a specific provision grants exclusive jurisdiction to Costa Rican courts (for example, in matters involving property or corporations located in Costa Rica).
3. Exclusive Jurisdiction Over Assets Located in Costa Rica:
Costa Rica always retains exclusive jurisdiction over:
actions involving real estate located in Costa Rica, and
the inventory and partition of property located in Costa Rica, even if the parties live abroad, and claims that affect the incorporation, validity, dissolution, or internal decisions of corporations registered in Costa Rica in actions which include corporations in Costa Rica.
This principle is central to cross-border divorces involving assets in both countries. If a foreign divorce does not include Costa Rican property, or cannot legally adjudicate it, the Costa Rican courts may still intervene to distribute those assets.
4. Mixed Cases: Divorce Plus Asset Distribution:
Some cases combine a personal claim (the divorce) with a real claim (property division). When assets are located in Costa Rica, the courts are required to exercise jurisdiction over the property aspects, and frequently will hear the entire process to avoid fragmented litigation.
This was reaffirmed in Sala Segunda Resolution 317-2025, which confirmed that Costa Rica retains jurisdiction even if the couple mainly lived abroad, because the petition included the distribution of assets registered in Costa Rica.
5. International Lis Pendens or Parallel Proceedings (Litis Pendencia Internacional)
If a case had begun abroad, and another is started here later, the law recognizes lis pendens. This is, if the foreign case has the same parties, cause, and object. Costa Rica must suspend its proceeding if the foreign judgment is likely to be recognized here.
The case may resume if:
the foreign court declines jurisdiction,
the foreign proceeding ends without a decision on the merits, or
the foreign judgment cannot be recognized in Costa Rica.
This prevents two contradictory rulings from different courts on the same relationship. Lis pendens only operates when the foreign judgment is capable of recognition in Costa Rica. If the foreign proceeding concerns matters that fall under Costa Rica’s exclusive jurisdiction, recognition is legally barred and lis pendens does not apply.
6. Forum of Necessity (Article 340)
Costa Rica may exceptionally assume jurisdiction when:
no reasonable access to justice exists abroad, and
the case has a sufficient objective or subjective connection to Costa Rica.
This is a safety mechanism for vulnerable parties, often used in emergency situations.
Lis Pendens: Key Precedent from the Supreme Court
A recent decision of the Costa Rican Supreme Court (Sala Segunda, Resolution 317-2025, February 2025) offers an important clarification for international families. The Court confirmed that Costa Rican courts must retain jurisdiction over a divorce when the petition includes the distribution of assets registered in Costa Rica, even when both spouses live abroad and the marriage was primarily developed outside Costa Rica.
This ruling is especially relevant for clients from the United States, Canada, and the United Kingdom who have property or legal ties in Costa Rica. Costa Rica has a modern rule for international family cases: Article 343 of the Family Procedural Code. This article requires Costa Rican courts to suspend a case when the same dispute is already being processed abroad, as long as the foreign judgment could eventually be recognized in Costa Rica.
1. Background of the Case
Both spouses were Costa Rican citizens living in the United States. Their marriage was celebrated in Costa Rica, but the couple lived most of their married life in Florida. The husband filed for divorce in Costa Rica, requesting both the dissolution of the marriage and the distribution of several assets registered locally.
The trial court rejected the case, arguing that the competent forum was the United States because the spouses lived there and shared their last matrimonial home in Florida.
The Supreme Court disagreed.
2. Why Costa Rica has Jurisdiction
The Court held that Costa Rica retains jurisdiction due to the nature of the claims. The divorce petition contained:
A personal claim: the dissolution of the marriage celebrated in Costa Rica.
A property claim: the distribution of assets registered in Costa Rica.
Under Costa Rican procedural law, cases involving property located in Costa Rica fall under the exclusive jurisdiction of local courts. This remains true even when both spouses are domiciled abroad.
Therefore, the presence of assets in Costa Rica does not merely create a “sufficient” basis for jurisdiction; it triggers a statutory rule of exclusive jurisdiction, which Costa Rican courts are legally bound to apply.
3. Residence Abroad Does Not Remove Jurisdiction
The Court emphasized that the spouses’ residence in the United States, or the fact that most of the marital life took place there, does not eliminate Costa Rica’s judicial authority. What matters is the connection created by the existence of property in Costa Rica subject to distribution.
4. Lack of International Treaty with the United States of America:
Because the United States is not a party to the Bustamante Code, the Court applied Costa Rica’s domestic rules on international jurisdiction (then articles 46 and 47 of the former Civil Procedure Code, now reflected in the rules on exclusive jurisdiction in the current Code). This confirms that international divorce cases involving U.S. residents are governed directly by Costa Rican internal legislation.
5. Article 343 Did not Apply Formally in this Case
The divorce was filed before October 2024, which means the new Family Procedural Code did not apply. The Court stated clearly that: “Article 343 does not apply to this case due to the filing date.” Even so, the Court did not ignore the international context. Although the article was not legally binding for this file, the Supreme Court required the trial judge to follow its underlying logic. The Court ordered:
“The judge must monitor the foreign divorce case and stay aware of any final ruling to avoid contradictory decisions.”
This is exactly the core purpose of Article 343: coordination between jurisdictions and prevention of conflicting judgments.
6. The New Family Procedural Code Strengthens This Approach:
Under the current Family Procedural Code, Costa Rican judges must suspend a case when an earlier foreign proceeding involves the same parties, the same issues, and the same cause of action, as long as the foreign judgment could later be recognized in Costa Rica. This rule is designed to protect consistency between countries and to prevent conflicting decisions.
In Resolution 317-2025, this rule did not formally apply because the case was filed before the Code came into force. Even so, the Supreme Court required the trial judge to apply the spirit of Article 343 by monitoring the foreign divorce and staying aware of any final decision. The Court emphasized that coordination with the foreign proceeding remains essential, even when suspension is not mandatory.
7. Why This Matters for International Clients
For clients from the United States, Canada, or the United Kingdom, this decision clarifies how Costa Rica handles complex cross-border divorces. Costa Rica does not automatically defer to foreign courts, especially when the case involves property located in the country or when the petition includes mixed claims that fall under Costa Rican exclusive jurisdiction.
At the same time, Costa Rican courts recognize the need to coordinate with foreign proceedings. Judges will continue the case locally but will monitor the foreign process to avoid inconsistent or conflicting outcomes. This approach creates predictability and legal certainty while protecting local jurisdiction and respecting international cooperation.
The Exequatur Process: Recognition of Foreign Judgments
Foreign family judgments do not have automatic effects in Costa Rica. Under international family law, any decision issued abroad must go through a recognition procedure known as exequatur. Only after this step can the judgment be enforced, registered, or produce legal effects inside the country.
What the Exequatur Procedure is
The exequatur is a judicial process that allows a Costa Rican court to verify that a foreign judgment is valid, authentic, and compatible with Costa Rican public order. The judge does not re-litigate the case. Instead, the court examines the document and the procedural guarantees of the foreign proceeding. The goal is simple: to ensure that the foreign ruling can operate safely within the Costa Rican legal system.
Requirements for Recognition
To start the exequatur, the applicant must provide an authentic copy of the foreign judgment and proof that the other party was properly notified. If the judgment does not include information about service or due process, the applicant must supply additional evidence.
The court checks three key elements:
Jurisdiction of the foreign court.
Proper notice and opportunity to be heard.
Compatibility with Costa Rican public order.
If these conditions are met, recognition normally proceeds without delay. In addition, Costa Rican law does not allow recognition when the foreign judgment rules on matters that belong to Costa Rica’s exclusive jurisdiction, such as real estate located in Costa Rica, the partition of local assets, or the internal affairs of Costa Rican corporations. In those areas, a foreign court cannot substitute the role of Costa Rican judges for purposes of recognition and enforcement.
Foreign Divorce Decrees
A foreign divorce has no effect in Costa Rica until it is recognized through the exequatur. After approval, the divorce can be registered with the Civil Registry. This step is essential for remarriage, name changes, or updating marital status in Costa Rican records.
Clients from the United States, Canada, and the United Kingdom frequently use this process when relocating or retiring in Costa Rica.
Representation in International Family Law Matters
Cross-border family disputes require more than basic knowledge of family law. They involve international jurisdiction, foreign courts, and judgments issued outside Costa Rica. Without proper guidance, these cases can quickly become confusing and risky.
Dr. Christopher Pirie is an attorney at law and notary public with more than twenty-five years of litigation experience. He regularly assists clients from the United States, Canada, the United Kingdom, Europe, and Latin America. His practice focuses on international family law matters where Costa Rica is involved.
These cases often include international divorce, child custody, relocation, child support, and the recognition or challenge of foreign court decisions. They may also involve the division of marital assets located in Costa Rica or the use of corporate structures within family disputes.
The approach is strategic and preventive. Jurisdiction is analyzed from the beginning. Foreign judgments are reviewed before they are enforced. This reduces the risk of conflicting decisions issued by courts in different countries. When necessary, coordination with foreign legal counsel is part of the strategy.
International family law cases often carry high emotional and financial consequences. The goal is to provide clarity, legal certainty, and strong representation. This applies whether clients live permanently in Costa Rica or divide their lives between several countries.
Dr. Christopher Pirie Gil.
Attorney at Law.
Return to our main Family Law page for an overview of domestic and international cases.