NON-JUDICIAL DIVORCES AND THEIR RECOGNITION IN CHILE

This commentary analyzes a recent exequatur that granted the subinscription in Chile of an administrative divorce obtained in Colombia, exempt from judicial control. It especially comments on the challenge posed for our jurisdiction to recognize a foreign non-jurisdictional act, in a matter where it has been legally understood that judicial control is indispensable to protect the public family order. The various problems that may exist due to the limits imposed by Chilean law to the recognition of these divorces obtained abroad and the solutions recently developed by the jurisprudence of the Supreme Court are discussed.