Family Code – Divorce, Parental Authority, Common‑Law Union

The Codigo de Familia (Ley N.º 5476, of 21 December 1973) regulates marriage, divorce, parental authority, common‑law union and other family relations in Costa Rica. This fact sheet summarizes the most frequently consulted topics.

Divorce by mutual consent (Article 48): mutual consent itself is a ground for divorce – no additional reason needs to be invoked. When both parties agree, the procedure can be carried out before a notary public (divorce deed containing the parties’ agreements) and then submitted to a family judge for ratification. Under the current Codigo Procesal de Familia, this process is resolved in a single hearing when there is genuine agreement between the parties.

Parental authority (patria potestad): it is the set of rights and obligations that parents have over the person and property of their minor children. It includes three aspects: custody and upbringing (direct care of the child), support (providing for their needs and education), and legal representation of the minor. Both parents retain the obligation to provide support to their children regardless of who has custody.

Common‑law union (Article 242): it is recognized when the cohabitation of two people is public, well‑known, exclusive and stable, and both have the legal capacity to marry. The minimum duration requirement was reduced from three to two years by Ley N.º 10223 (published 31 May 2022). Once the requirements are met, a common‑law union produces the same property effects as a formal marriage when it ends, for any reason. The Constitutional Chamber (resolution N.º 12783 of 8 August 2018) eliminated the requirement that the union be between a man and a woman.

Child support: although the Codigo de Familia establishes the support obligation as a principle, the specific process for setting and collecting a child‑support order (amounts, wage garnishments, coercive measures for non‑payment) is primarily governed by the Ley de Pensiones Alimentarias (Ley N.º 7654) — it is a separate and more specialized procedure, best consulted separately with a family lawyer or the appropriate Juzgado de Pensiones Alimentarias.

Note: this fact sheet summarizes the most frequently consulted articles and topics; it does not replace the full text of the code or the Codigo Procesal de Familia that governs the procedures. For a specific case (contentious divorce, disputed child custody, adoption), consult a lawyer specialized in family law.