The Political Constitution of the United Mexican States recognizes and protects all forms and manifestations of family as a social reality. It is a progressive and protective vision in favor of persons on an equal footing and with absolute recognition of Human Rights.
The treatment that State legislations give to family law issues may vary from one State to another, since they have been evolving and adapting to the new forms of relationships that individuals have and to the recognition, respect and protection that must be given and guaranteed to human beings and their interests.
In everyday life, as we human beings relate to each other, we give life or we are immersed in facts and legal acts recognized by family law, we do it consciously or unconsciously, and the fact that we do it in one way or another does not exempt that such facts or acts produce legal consequences.
Let us begin by mentioning that the family relationships recognized by Mexican law are marriage, divorce, cohabitation, paternity, adoption, parental authority and guardianship.
Separation of property during marriage
Marriages produce two kinds of effects: the personal ones, which refer to the rights and obligations that arise between the spouses, and the patrimonial ones, which are related to the conjugal society formed by the marriage.
If before the marriage is perfected, the spouses do not grant marriage contracts, by operation of law and by the sole fact of the marriage, the conjugal partnership is formed between them, which is regulated by the civil law.
The community property that composes it is divided in absolute and relative assets; the first one, is the one in which the goods acquired by one and the other spouse have the quality of social, it is the real asset of the society and in accordance with article 1781 of the Civil Code, it is formed by the salaries and emoluments of all kinds of jobs and offices earned during the marriage. The second is made up of other assets that although they are considered social, the conjugal society must return in money to the contributing spouse at the time of dissolution, as is the case of the money that any of the spouses contributes to the marriage, or during the marriage acquired free of charge, the fungible things and movable species that any of the spouses contributes to the marriage, or during the marriage acquired free of charge and the money coming from the sale of real estate owned by one of the spouses, when real subrogation was not agreed in the respective deed.
No separation of property
Mexico’s Supreme Court of Justice of the Nation (SCJN) determined that, in any divorce, the spouse who has dedicated him/herself to housework and childcare must be compensated with up to 50% of the assets acquired during the marriage.
In Mexico, for every 100 marriages, 32.4 divorces are registered, according to Inegi’s 2011 statistics, the most recent on the subject. Separations are growing in the country while marriages are decreasing, the institute reported.
Kindly, in relation to the matter of reference, in the terms provided in articles 26 of the Civil Code, articles 26 of the Civil Code, article 28 of Law 1755 of 2015, and numeral 4 of article 6 of Decree 987 of 2012, we proceed to issue concept in the following terms:
Is it possible to approve a conciliatory agreement of a couple that is processing their divorce by mutual agreement before a notary, which contains among others, the regulation of a shared custody of their minor child?
c) If there are minor children, the agreement will also include the following aspects: the manner in which the parents will contribute to the upbringing, education and establishment of the same, specifying the amount of the alimony obligation, in accordance with article 133 of the Minor’s Code, indicating the place and manner of its fulfillment and other aspects that are deemed necessary; custody and personal care of the minors; and the visiting regime with the periodicity of the same; (…)”.