This information about divorce is No legal advise, just a general guideline and do not aim to be complete. We strongly recommend to seek advice from a lawyer in your country of origin as well as in Cuba.
The country has a high divorce rate. In 1999 per 100 marriages there were 69.9 divorces. So, one can say that 70% of all marriages on the island are expected to end in a divorce. A high percentage of marriage fraud and sham marriages exists, just for the exit visa and / or money. Several young Cubans are Jineteras or Jineteros and want to escape from the hard life in their country and faking love and marriage is easier and less expensive than an illegal speedboat trip or raft to escape to Miami. An illegal escape trip to Miami cost around 10,000 $ a small fortune on the island.
The difference in culture, language barriers and marriage fraud may not be underestimated.
Marriage fraud lead to many painful situations and sometimes financial disaster.
In a divorce on the island, the possessions will in accordance to the Cuban law, split equaly between both ex-partners (except other Court decisions) In a marriage with a Cuban citizen, in most cases the asset contribution will come from the foreigner. This can cause financial disaster. A good practice is to marry twice. FIRST you marry in your country of origin in accordance to the Marriage setlement or contract, this allows you to protect your assets, next comes the marriage in Cuba. No need to say, that advice and the preparation of the contract by a lawyer is required.
Best practice is to contact lawyers in both countries, Cuba and your country of origin.
Consultoria Juridica Internacional
Calle 16 #314 (16th street)
entre 3ra y 5ra avenidas ( between 3th and 5th Avenue)
Tel 0053 7 2042490
http://www.cji.co.cu - Consultoria Juridica
Bufete de Servicios Legales Especializados
Calle 23 esq.J ( 23th street corner with J street)
Tel 0053 7 8326024
0053 7 8326813
Fax 0053 7 662159
email : besnet at ceniai.inf.cu
Between Cubans in mutual consent is an easy procedure in front of a Public Notary and cost less than 5$.
Between a local citizen and a foreigner
In mutual consent, both partners go to a Public Notary in Cuba to sign the divorce documents. Documents to provide:
All documents must be in Spanish or translated and legalized. The procedure cost for the foreigner in Cuba is +/- 1300 cuc ( 800cuc divorce - 400/500 cuc legal transcriptions + translations)
Divorce without Cuban Consent.
When your Cuban partner is not residing on the island, the partner-foreigner can start the divorce procedure in Cuba. The annoncement will be displayed on a public noticeboard and the Cuban citizen has 30 days to respond. Contact a Cuban lawyer for this procedure (see addresses) Note, that some countries (ex. Spain and Italy) do not accept this procedure, once again check this with a lawyer in your country of origin.
The divorce procedure can also be initiated from outside the island. In this case both partners that want the divorce go in company of two adult witnesses to sign the divorce papers. For detailed info and required documents contact the Cuban Embassy in your country.
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