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IMPORTANT ASPECTS OF FAMILY LAW


MARRIAGE Foreigners who wish to marry in the Dominican Republic must present an original and copy of their passport, a legalized certificate stating that they are single issued in the country of origin, and their tourist card, resi- dence card, or identity card, whichever is applicable. The Dominican Civil Code regulates the pecuniary relationship between spouses marrying in the Dominican Republic. The default financial system applicable to Dominican marriages is the system of communal property. Spouses who wish to adopt a different system may choose among the marriage systems established by law, such as the separation of assets, single heir system (sistema dotal), and universal community. They also can create a completely different one or elect a system under foreign law. When electing a system other than the default communal system, the spouses, before the celebration of their marriage, must draft an agreement to this effect before a notary public, which must be registered. After the marriage, the spouses may not change the system, even when they are divorced and later decide to remarry. The dissolution of marriage by divorce or death of one of the spouses leads to the determination of divisible assets, the recouping of each spouse’s personal goods (or his or her heirs) and the division of the remaining common assets. This liquidation and partition process may be made amicably by means of a notary act, or, in the absence of an agreement, in court.


DIVORCE Divorce in the Dominican Republic may be executed by mutual consent or for cause, such as incompatibility, absence or abandonment, adultery, criminal action, physical, alcoholism, and drug addiction. A “special divorce” or quick divorce applies only to foreign persons or Dominican citizens who reside abroad and that wish to divorce by mutual consent. The complete process for this type of divorce usually takes from one to four weeks.


ADOPTION The National Council for Children and Adolescents (CONANI) is in charge of coordinating Dominican adoptions. A request for adoption must comply with the dispositions of the International Convention for the Protection of Minors and other international measures in the interest of minors, and must comply with Dominican legal requirements.


Doing business in the Dominican Republic


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