• Creimerman Product Team

International Law in Argentina: Foreign Marriages and Inheritances

Updated: a day ago



Argentine Private Law contemplates the possibility that a marriage, in which it was celebrated in a foreign country, maybe dissolved in Argentina with Argentine jurisdiction and applicable law.

Regarding the jurisdiction and law applicable to for the dissolution of the marriage, Article 2621 of the Civil and Commercial Code, establishes that the actions of dissolution of marriage must be filed with the judges of the last effective marital domicile, which is the place of effective and indisputable coexistence of the spouses, or habitual residence of the defendant spouse. Then, Article 2626 establishes that the law applicable to divorce and other grounds for dissolution of marriage are governed by the law of the last domicile of the spouses. This means that the domicile of the spouses will decide the jurisdiction and applicable law if the domicile is within the Argentine Republic, it will apply its law.

To begin, it is necessary to know that no marriage will be recognized in Argentina, which has been celebrated with the impediments that the internal legislation establishes. The impediments are the kinship in a straight line in all degrees, whatever the origin of the link; the relationship between bilateral and unilateral siblings, whatever the origin of the link; affinity in a straight line in all degrees; the previous marriage, while it subsists; have been convicted as the author, accomplice or instigator of the intentional homicide of one of the spouses.


Regarding the jurisdiction and law applicable to for the dissolution of the marriage, Article 2621 of the Civil and Commercial Code, establishes that the actions of dissolution of marriage must be filed with the judges of the last effective marital domicile, which is the place of effective and indisputable coexistence of the spouses, or habitual residence of the defendant spouse. Then, Article 2626 establishes that the law applicable to divorce and other grounds for dissolution of marriage are governed by the law of the last domicile of the spouses. This means that the domicile of the spouses will decide the jurisdiction and applicable law, if the domicile is within the Argentine Republic, it will apply its law.

However, the term of "The Pre-qualification" must be taken into account. Article 2622 of the CCYCN establishes that the law of the place of celebration governs the proof of the existence of the marriage and in the first paragraph establishes the law applicable to the existence and validity of the marriage, which are also governed by the law of the place of the celebration and jurisdiction is given by the last effective marital domicile or habitual residence of the defendant spouse. It is necessary, at the time of the judgment, to know in first place if that marriage is valid, applying the solution of "The Pre-qualification". It is similar to the prior and special pronouncement, is accessory in nature to the main, but necessary, and has a strong impact on the situation or legal relationship. Although the CCYCN does not rule on “The Pre-qualification”, the ruling case "Grimaldi Miguel Ángel s / Sucesión" of 1948 is about of an Italian with his domicile in Italy, which had adopted in 1937 in Italy a girl also with an Italian nationality. In 1943 the adopter died, leaving properties in Argentina. The Argentine judge had to analyze the previous question on whether the adoption was valid or not, for the adopted child to inherit. At that time, adoption was not regulated in Argentina, so if the law that governs the main issue (succession over assets in Argentina) is applied, the child won’t inherit, but if Italian is applied (secondary question) she would have, since the adoption is valid there. There is also a similar rulingcase in 1963 issued by the Civil and Commercial Chamber, Room II "Prieto, Rufina Barazal c / Rivadavia, Maria", where “The Pre-qualification” is analyzed.


However, the term of "The Pre-qualification" must be taken into account. Article 2622 of the CCYCN establishes that the law of the place of celebration governs the proof of the existence of the marriage and in the first paragraph establishes the law applicable to the existence and validity of the marriage, which are also governed by the law of the place of the celebration and jurisdiction is given by the last effective marital domicile or habitual residence of the defendant spouse. It is necessary, at the time of the judgment, to know in first place if that marriage is valid, applying the solution of "The Pre-qualification". It is similar to the prior and special pronouncement, is accessory in nature to the main, but necessary, and has a strong impact on the situation or legal relationship. Although the CCYCN does not rule on “The Pre-qualification”, the ruling case "Grimaldi Miguel Ángel s / Sucesión" of 1948 is about an Italian with his domicile in Italy, which had adopted in 1937 in Italy a girl also with Italian nationality. In 1943 the adopter died, leaving properties in Argentina. The Argentine judge had to analyze the previous question on whether the adoption was valid or not, for the adopted child to inherit. At that time, adoption was not regulated in Argentina, so if the law that governs the main issue (succession over assets in Argentina) is applied, the child won’t inherit, but if Italian is applied (secondary question) she would have, since the adoption is valid there. There is also a similar ruling case in 1963 issued by the Civil and Commercial Chamber, Room II "Prieto, Rufina Barazal c / Rivadavia, Maria", where “The Pre-qualification” is analyzed.


The regulations also contemplate the maintenance actions that can be enforce in the divorce process. They must take precedence before the judge of the last conjugal domicile, before the domicile or habitual residence of the plaintiff or before the judge who has understood the dissolution of the bond. The right to maintenance is governed by the right of the last marital domicile, or of the country whose law is applicable to dissolution.

The regulations also contemplate the maintenance actions that can be enforced in the divorce process. They must take precedence before the judge of the last conjugal domicile, before the domicile or habitual residence of the plaintiff or before the judge who has understood the dissolution of the bond. The right to maintenance is governed by the right of the last marital domicile, or of the country whose law is applicable to dissolution. habitual residence of the defendant spouse. It is necessary, at the time of the judgment, to know in the first place if that marriage is valid, applying the solution of "The Pre-qualification". It is similar to the prior and special pronouncement, is accessory in nature to the main, but necessary, and has a strong impact on the situation or legal relationship. Although the CCYCN does not rule on “The Pre-qualification”, the ruling case "Grimaldi Miguel Ángel s / Sucesión" of 1948 is about an Italian with his domicile in Italy, which had adopted in 1937 in Italy a girl also with Italian nationality. In 1943 the adopter died, leaving properties in Argentina. The Argentine judge had to analyze the previous question on whether the adoption was valid or not, for the adopted child to inherit. At that time, adoption was not regulated in Argentina, so if the law that governs the main issue (succession over assets in Argentina) is applied, the child won’t inherit, but if Italian is applied (secondary question) she would have since the adoption is valid there. There is also a similar ruling case in 1963 issued by the Civil and Commercial Chamber, Room II "Prieto, Rufina Barazal c / Rivadavia, Maria", where “The Pre-qualification” is analyzed.

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