Procedures and Services

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Notarial divorce

    NOTARIAL DIVORCE: Act by which the spouses, by mutual agreement, decide to dissolve the marriage bond, the effects of which are the extinction of the marriage, the separation of the property of the spouses after liquidation of the matrimonial community of property, and the extinction of the right of succession between the spouses.

It begins with the request made by the spouses that contains their generals and data, the date of the marriage and the reference from the Registry of Civil Status where they are registered, the names and surnames of the minor common children, the dates of their births with Reference of the Registry of Civil Status where they are registered and the conventions of the spouses regarding:

- the exercise of parental authority over minor common children;

- the determination of the guard and care of these;

- the system of communication of the minor common children with that of the parents who are not given custody and care;

- the names and surnames of the father who will provide the alimony and its amount;

- conventions on housing if it constitutes a common good.

    Both spouses concur with their respective ID cards.
    Certification of birth of common minor children, if any.
    Marriage certification.
    If there is a common house: Property Title. If the title is registered in the Property Registry, domain certification.
    In case of Vehicle: Title of property and certification of its inscription in the Vehicle Registry.

If they have acquired other assets during the term of the marriage and intend to liquidate them at the time of the divorce, provide the document proving their ownership.

12.1 MODIFICATION OF THE CONVENTIONS ON THE PARENTAL RELATIONSHIPS: It occurs after the date of authorization of the divorce deed, when the ex-spouses decide to modify the agreements in relation to the conventions related to the filial parental relationships (See 12).

    Attend the spouses with their respective ID cards.
    Authorized copy of the public deed of divorce by mutual agreement (If they appear before a Notary other than the one that authorized the divorce).AUTHORIZATION SCRIPTURES

Authorization scriptures:
13.1 AUTHORIZATION TO OBTAIN OR UPDATE PASSPORT OF MINOR AGE: With the migratory modifications that came into effect on January 14, 2013, the distinctions for traveling according to age were eliminated, and the term of stay abroad was extended up to 24 months, in such a way in relation to minors, it is enough that parents jointly or interchangeably authorize the obtaining or updating of the passports of their minor children; and said authorization does not have an expiration term but it can be revoked.

    The parents of the minor attend with their respective ID CARDS.

Parents must prove the parental link with the birth certificate of their child, or with the minor's card or identity card of the minor, as the case may be.

13.2 AUTHORIZATION FOR THE MINOR TO CONTRACT MARRIAGE: Act by which the parents in the exercise of parental authority, jointly or interchangeably, or the guardian, as appropriate, issue their authorization and consent for the minor (male with 16 years old and female with 14 years old) can get married.

The parents of the minor attend with their respective ID CARDS.

Parents must prove the parental link with the birth certificate of their child, or with the minor's card or identity card of the minor, as the case may be.

13.3 Prior authorization of the owners or tenants of homes located in Havana where they intend to domicile, reside or coexist permanently, interested persons from other territories of the country, or those from other municipalities of Havana with the same claim, towards the municipalities of Old Havana, Central Havana, Cerro and Diez de Octubre; excepting the spouse, children, parents, grandparents, grandchildren and siblings of the owner or lessee; the minor children of the non-titular spouse, the persons declared judicially incapable and the family nucleus of the person to whom a property is assigned for state or social interest.

This authorization also applies to cases in which the owner of the home permanently domiciles a Cuban migrant citizen who requests to establish his residence in the national territory, the first undertaking to guarantee their accommodation and maintenance when appropriate, until the interested party can have housing and own income.

    The owner or the tenant concur with their respective ID CARDS
    Proof of ownership or lease, as appropriate.
    Identification data of the person interested in domiciling (names and surnames, age, marital status, occupation, address, and permanent identity number).

13.4 AUTHORIZATION issued by parents for their minor children born abroad to settle in Cuba, acquire Cuban citizenship and obtain a passport. If the parents are not the owners of the property, the provisions of 13.3 apply.

    The parents of the minor attend with their respective ID CARDS.

Parents must prove the parental link with the birth certificate of their child, or with the minor's card or identity card of the minor, as the case may be.

    AUTHORIZATION from one spouse to the other to dispose of the assets held in the marital community of assets.

    Attend the spouse with their ID CARD
    Proof of ownership of the property.

    AUTHORIZATION from one joint heir to another to dispose of a property that is part of the hereditary community, according to article 523 of the Civil Code, as this community of property is governed by the provisions referring to co-ownership by quotas.

    Attend the interested party with their ID CARD.
    Demonstration title of the condition of joint heir.

Marriage

    MARRIAGE: It is the voluntarily arranged union of a man and a woman with legal aptitude for it, in order to make life together. Marriage only produces legal effects when it is formalized or recognized in accordance with the rules established in the Civil Status Registry Law. Those in charge of the Civil Status Registry and Notaries are officials empowered to authorize the formalization of marriages.

    Both parties concur with their respective ID CARDS. Voluntary representation is admitted by special power, if one cannot attend the act for residing in a place other than the formalization.
    Two witnesses with their respective identity cards. (SEE 1.4)
    If one of them is a minor, he / she must present the public deed of authorization to contract the marriage granted before a Notary.
    If the marital status of the person who will marry is divorced, they must present the divorce certificate or the previous marriage certificate with the divorce note, issued by the Registry of Civil Status.
    Medical certificate of the woman specifying whether or not she is pregnant, in the event that 300 days have not elapsed after the termination of her previous marital union, in order to determine the paternity of the future child.
    If the marital status of the person who will marry is a widower, they must present the certification of widowhood, or the marriage certificate with the death certificate of the spouse, or the marriage certificate and death certificate of the spouse, issued by the State Registry Civil.

The existence of a marital union between a man and a woman with a legal capacity to contract it and that meets the requirements of uniqueness and stability, has all the effects of a formalized marriage, if they are carried over to the date of the initiation of the union in accordance with what the spouses and witnesses state in the marriage deed.