Love starts, encourages and complete adoption. But not just any kind of love, but love that leads to take the risk, sacrifice, money and resources for our children; that same love that is most evident in the faces of those who have extreme needs. Love is the spirit of adoptions.

As for the legal side, we should note that the adoption in Panama is governed by Law 46 of July 17, 2013 recently adopted in our country, so our team of advisors will guide you through the Adoption process starting with necessary to start this mission, as well as accompanying him on the process itself for the improvement of the Adoption.

The adoption process in Panama is lined with a number of formalities and requirements (depending on whether national or international) by which the applicant must fill these requirements of form and substance that sets us the aforesaid Act; Adoptions are a source of civil relationship and constitute a civil state between adopted and adopter whose effects are irrevocable, considering that build ties with the adoption of affiliation.

If you are interested in making an adoption in Panama, do not hesitate about our Law Office to schedule an appointment to expose the entire procedure, requirements and costs involved it in the Republic of Panama; always bearing in mind that the best environment for the overall development of a child is in a family and it can be completed through adoption.

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In first place, we should note that in our legislation the word “food” is not restricted to the consumables but this extends to other areas such as clothing, housing, medical and dental care, recreation, education and any other input analogue that tends to cover the most pressing and immediate needs of the beneficiaries.

In that vein, we have the issue of Child Support in Panama is regulated by Law 42 of 2012, “Child Support General Act”. Among the highlights of this law we have that according to what is regulated in Articles 1 and 5 of the same points out that child support should be proportional to the patrimony or through whom is giving and as well as the needs of the receiver and the age of the beneficiaries.

In front to the aforementioned, we must indicate that for optimal physical, mental or spiritual development of some children they may require infinite financial resources. That is why we consider that the amount to be restored must be stopped, as far as the reaching economic possibilities of the obliged get, in this way the harmony between the nutritional needs of the children would be guaranteed, with the economic patrimony of who has to meet them.

In SPECIALISTS IN FAMILY LAW, we fully understand the significance and importance of child support, which is why we strive to offer comprehensive advice to our clients by providing a real and accurate analysis of the case as well as the possibilities of the claim applicant. Likewise, we offer multidisciplinary technical advice to obtain verification of facts or data that constitute the alleged de facto standards that are favorable to our clients.

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To inform the authorities of cases of domestic violence is the responsibility of all of us in the community and we must do it so as soon as we have knowledge of it. In that sense, the court proceedings when there are acts of domestic violence, ex – officio, that is to say that the authority carried out by order of the Law; however, in these cases it is always advisable to at least have the assessment of a lawyer to ensure the maximum respect for the rights of both the victim and the alleged aggressor.

The Law 38 of 2001 in Panama is in the frame of application of the law to orient in which cases we can  implement this Law, including Marriages, de Facto Unions, couples relationships that have not yet five years old, whose permanence intentions can be accredited, consanguinity, affinity or adoption, sons to daughters  under age uncommon who live or not within the family, persons who have procreated between them a son or daughter and also apply to the situations described in the preceding paragraphs, even if they have completed at the time of the assault.

The law aims to protect the various manifestations of domestic violence and child, girl and adolescents abuse, and all persons connected with the situations described in this Act, according to the Constitution, the Family Code and the treaties and international conventions to which the Republic of Panama is a signatory. Defines the terms on which the law is based to better understanding of the reader.

The Act also provides Protection measures that the authority has the power to execute when it becomes aware of the fact, without prejudice to start or continue the respective civil, criminal, family or administrative process such as: authorize the surviving victim, if upon request, to temporarily settle in a different address common to protect it from future attacks, respecting confidentiality address. Forbid the introduction of weapons or to keep weapons in the shared home, as well as to seize them to ensure they are not used to intimidate, threaten or harm. Forbid the alleged perpetrator or the alleged aggressor to approach the shared home or where the surviving victim is,  also the workplace, study or other commonly frequented by her, among others.

In this vein, the Act also gives power to the corresponding authority to apply protective measures that are not of his competency, making the request to the empowered authority for it to implement the suggested measures or to consider other relevant, in a seventy-two hours period. It also establishes the duration of 6 months maximum applicability for protective measures notwithstanding that they may be extended while the process lasts. The disobedience by the perpetrator of the protection measure results in a sanction for contempt.

The officials of the administrative police, the traditional authorities in indigenous areas (in a supplementary way to their traditions), the Prosecutors agents and the authorities of the Judicial organ, each one according to their jurisdiction, are the ones entitled by Law to implement the protective measures.

In addition, to the aforementioned authorities, the magistrates and the night judges must, provisionally, take cognizance of the fact and apply the appropriate protective measures without actually decide on the merits of the case and shall refer the case to the competent authority within a period not exceeding seventy-two hours, counted from the time the measure referred to applies.

According to the Act the protection measures can be applied ex- officio or at the request of the interested party, verbally or in written and states that the protective measures against the remedies established by law, according to the relevant competition authorities.

If you are a victim of domestic violence, in SPECIALISTS IN FAMILY LAW, offer you a comprehensive advice, with a special 24 hour treatment applicable to these cases; so we recommend you to contact our office to schedule an attention as soon as possible.

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In SPECIALISTS IN FAMILY LAW, we have the necessary experience to ensure that the Divorce process in Panama is as bearable as possible; this in view we realize that more than a termination of a marriage, Divorce represents a stage of much emotional stress, it brings many contradictions in a person, so before proceeding to file for Divorce, we always recommend an analysis and case assessment by experts in relationships, in order to determine whether or not the need for a process of this type.

In that sense, we also understand that there are cases where we are in the presence of irreconcilable differences between the spouses, so the marriage is not justified, in these cases where we always recommend trying to reconcile positions and set aside to undergo conflict a process of non-contentious divorce, that is to say that a divorce in Panama by mutual consent, is faster, cheaper and less traumatic for all the parties and to the children born in wedlock.

(Image)But ultimately, if we do not reach to an agreement, it is necessary to guide and advise our clients to a divorce inPanama for grounds “conflictive” that is to say a divorce where it is necessary to sue the other party and prove the facts on which the claim is based, to obtain the dissolution of the marriage and in some cases the guilt or innocence of a spouse, then proceed respectively in a process of liquidation of the marriage economic system.

In this regard, it is noted that in our legislation the grounds for a divorce in Panama are unequivocally set out in the Family Code; reason by which for each particular case, it is necessary to make a detailed examination of the case in order to establish from the beginning to what ground or grounds we are, and what is the probative material that it has, since we must always remember that who alleges facts is that shall have the burden of proof in the process, so we advise our constituents to bring in judgment the elements of evidence tending to show the statements in the lawsuit.

Divorce Act in Panama:

According to Law No. 3 of May 17, 1994, are grounds for divorce in Panama the following:

1. The attack of one spouse against the other’s life, or their sons, daughters, stepsons or stepdaughters;
2. The cruel physical or psychic  behavior that makes impossible the peace and domestic tranquility;
3. Extramarital sex;
4. The proposal of one spouse to prostitute the other;
5. The outbreak of the husband or wife to corrupt or prostitute their sons, daughters, stepsons or stepdaughters, or the complicity in their corruption or prostitution;
6. The absolute abandonment by the husband of his duties as a husband or father, and by the woman, her duties as wife or mother, if at the filing for divorce it have been at least six (6) months, counted from the day the causal, except in the case of abandonment of pregnant women, in which case, the term shall be three (3) months;
7. The habitual and unjustified use drugs or psychotropic substances;
8. Habitual drunkenness;
9. De facto separation for more than two (2) years, even if they live under the same roof;
10. Mutual consent of the spouses if the following conditions are met:
    1. That the spouses are bearing of age;

1. That marriage is at least two years of celebrated; and

1. The parties reaffirm their request for divorce two months after filing for divorce and before six (6) months of that presentation.

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Regarding the above, we must first establish that the Act 10 of 1998 is properly directed to a sector of the population, since it regulates the procedure for claiming the rights acquired by civil servants during the exercise of their functions, being the object of such Act the relatives of the deceased public workers.

Now, before starting the actual analysis of the law in question (which has only 4 items), we should mention that it has a great similarity with Articles 155, 156 and 157 of the Labor Code of the Republic from Panama.

Entering in the proper reading of theAct 10 of 1998has that the Article 1 of the aforementioned ordinance states:

Article1. In case of death of a public worker, the wages that he would have accrued, the proportional complete vacations that were accumulated, and other services derived from the contract to which he is entitled, shall be forwarded by the institution of the State where the public worker works, the respective circuit judge, and if there is none in its division, the competent municipal judge concerned, and may be required, at his request, that the judge delivers the corresponding sum ofmoney,  if the amount is less than 1,500 dollars without probate, to the minor children, through whom or whom their representatives were and, failing that, to the spouse or partner, who at the time of death of the worker lived with him permanently . In their absence, the amount of wages and vacations will be given to the mother or the father of the public worker.

Any incident or dispute arising in the application of this standard, will be solved by the competent judge summarily, in fairness, without trial, based on the evidence and according to his discretion.

If the amount of the accrual by the deceased public worker, in wages, full or proportionate vacations or other employment benefits, is more than 1,500 dollars the judge will deliver the corresponding amount in the way specified in the aforementioned paragraph, after verification that the evidences are adequate and the publication of an edict in which the appearance is ordered to be in the legal part within the process to all interested parties within a period of five days from the publication of the last edict, in a national newspaper applying, if it is compatible, the process of incident. In the latter case, the judge will supply gaps according to their discretion.

Within the procedures outlined in the preceding paragraphs, the judge may order interim payments to the petitioners when the evidence is sufficient, in his opinion, and if the circumstances so warrant them. Against resolutions that put an end to these procedures at first instance, the appeal only be admitted to the suspensive effect.

In the absence of the persons mentioned in the preceding paragraphs, the Circuit Judge shall deliver the sum of money to the person or persons entitled under the Civil Code in matters of succession, but without subjecting it to the process of succession.

In the provision cited it interferes that effectively the Panamanian legislator, has set a legal formula by which survivors of the deceased public worker died obtain in a way of “summary” wages, complete or proportionate vacations or other employment benefits.

Now, before indicating any order of appeal enshrined in this Act, it is important to make it clear that while it is true the article in question is quite similar to Article 155 of the Labor Code, it is aimed at regulating labor benefits a special group of workers, since it is specific to public workers.

Regarding the above, it is necessary and timely to note that public worker, according to Law 9 of June 20, 1994, “Whereby it is established and regulatedthe Administrative Career” in its article 2 is defined as “the person appointed temporarily or permanently to positions in the Executive, Legislative and Judicial Organ, municipalities, autonomous or semi-autonomous entities and, in general, to receive compensation from the State.”

So, one of the most important aspects of the Law 10 of 1998 is the fact that it enshrines the way to delivering the corresponding sum of money, employment benefits of deceased public workers without trial succession to their minor children, or in its defect to the spouse or partner.

Thereby,it is verify the argument regarding both the salary as well as other employment benefits that belong to the employee, are part of his patrimony, reason why actually corresponds to his minor children or inthe absence of a spouse or partner, deserve these rights. However, given the peculiarity of the special procedure established by Law for the collection of said performance of public workers, it is necessary to delve into the spirit and reasonof this rule.

In this regard, it is noted that the transmission that originates with the decease is not the transmission of all the rights of the deceased, not even of those who compose its assets entirely, as it has within its rights and obligations of transferable character, however, it is at this point where the social nature plays a vital role of the social character and obligations of intransmissible character, given that it was clear lights lining of specialty employment benefits. Thus, the sequence includes only the rights that can be transmitted, and these rights, which form a universality-the inheritance-, are transmitted in universal succession to the heirs of the deceased, but not the employment benefits (in this case public workers) whenever the interposition of a succession process will not be required to obtain that part of the estate of the deceased.

The loss of the employee (public worker) in the family can be very devastating, both emotionally and financially. The Law in study helps providing income support to the families of deceased workers, in an expeditious manner and without major complications, this at least is what in theory has its origin and source of the Law 10 of 1998, the latter being one advantage that is offered to survivors of the server just died.

Despite the above, it should be noted that not enough that once a public worker is deceased the minor children (through their legal representatives), his spouse or partner, enjoy the acquired rights perceive. It is that the administrative entity where the deceased worked to be submitted to a judicial authority, the benefits to which the official is entitled, which would be delivered in without probate, if the amount of such benefits did not exceed USD$1,500.00 dollars.

Now, to submit the case where the benefits which we mention in the paragraph in study exceedsUSD$1,500.00 dollars, the object of the Law in our study establishes a similar procedure, but with other requirements. In that sense if it exceeds the mentioned sum, the value of the corresponding benefits, it will be  required to publish an edict ordering the hearing where all the interested parties within a period of five days, from the publication of the edict, in a newspaper of national circulation.

We are of the opinion that the publication requirement established in Law 10, has its genesis in the need of providing a transparent and fair process for the recovery of the referred benefits given the amount thereof; it is important to note that the worker’s death is a social contingency as long as it affects the household income usually generated by the deceased, and can cause distress and other negative effects, in order that the real beneficiaries obtain such benefits.

Once exposed the main topics of the first article of the legal compilation study, we will proceed with the analysis of Article 2 of this Act, which states:

Article 2: The beneficiaries of the deceased public worker described in the previous article, may bring actions and continue the pending processes derived from the relationship of administrative law of his testator, without the need for probate.

It should be noted that the aforementioned article, is quite clear about its spirit, since this reveals the possibility with which the beneficiaries of the deceased public worker (making reference to the consecrated list in the article that precedes) to practice the actions and extend the pending cases, the product of the relationship of administrative law of the deceased worker, so things if before his death, the public worker had established some kind of administrative process, in order to exercise any right, for which he could claim, it will correspond then be the beneficiaries of this continue such administrative dispute, and also belongs to them the right to establish any claim on behalf of the deceased, in order to obtain compensation that would have occupied the same.

However, due to the ever increasing needs of Panamanian families, the economic responsibility of many homes lies with both spouses. When one of them widowed (being the deceased public worker), significant economic and social consequences occur, because a decline in the living conditions is experienced to be had before the death of one spouse, generating, among others, desertions of children to schools or colleges, property loss and increased risk factors for disease, and the things the legislature of the Republic of Panama, created a legislation aimed at facilitating the process so painful for you pass the relatives of the deceased civil servant, thereby producing a special regulation of legal character on the matter, in order to support survivors who offered his services to the state in a responsible, honest and committed way.

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As we have written on previous occasions, in our legislation the word “food” is not restricted to the edible material but this extends to other areas such as clothing, housing, medical and dental care, recreation, education and any analog input that tends to cover the most pressing and immediate needs of the beneficiaries. Note that we use the term beneficiaries on this occasion and not boys or girls only, given that according to Law 42 of 2012, the responsibility of giving food is not only for children, but can be extended to spouses, grandparents brothers and of course children even when they are older.

This being the situation, the topic at this time is related to the amount of food; we chose this subject with the primary intention to clarify and make publicly known that in Panama there is NO “chart” or mathematical formula (as it is in other places) that defines the amount of the child support; but our legislation tells the judge has observed certain elements such as economic status, level of life, income and expenses as well as the resources of who is to meet them and moreover the needs of beneficiaries, while respecting the principle proportionality between revenue and responsibilities required and the needs of those entitled to receive them.

Now, what was stated in the aforementioned paragraph inferred that the economic capacity of the obligor is one of the determinants factors at the moment of setting the child support in Panama, which will correspond in the Process to prove it through evidence that would constitute one proof of that capacity, which may be substantiated by either party, being even when the Family court is qualify to do it ex-officio. That is to say, an accurate way to establish financial capacity of the obligor, it is necessary to know his income, salary, commissions, bonuses, etc.; then the question arises What if it is not possible to accredit the amount of revenue? The answer is logical and follows from Law 42, will be considered the standard of living, social status, customs and generally all the circumstances and background on the matter surrounding it.

Having found or established the economic potential of the obligor, it is necessary then that the real needs of theoblige are established.

I emphasize real needs, once that to guarantee the optimal physical, mental or spiritual development of a minor (if this is the case) it could require infinite financial resources; so by means of suitable provemeans it is  possible to clarify this issue taking into account the domestic circumstances, that is to saythe food must be designed to meet the subsistence needs of food, as they can be: education, health care, medicine, food, clothing, housing, etc., keeping track of the child support must have as the goal of solidarity and relief among the involved subjects and to not encourage laziness.

Having explainedbriefly the basics to set the child support quota, we cannot fail to mention that in family law in Panama, governs the “Proportionality among various persons” that is to say, where two or more persons that have the responsibility to give alimony shall be allocated among them the payment of the alimony in proportion to their respective assets.

Faced with the above and in a practical way we can cite the typical case of divorced parents with two children in common; in this case, both father and mother, should provide food for those two children, regardless of who has custody, but that contribution should be proportional to flow or economic resources of these two parents.

We are of the opinion that in these cases it is always better to reach an agreement, especially since in most cases the parties usually know both revenue of one another’s needs and would therefore be reasonable to reach to an agreement; if there is noagreement, it will be necessary that the judge intervene and decide the amount of the Child Support t and payment formula taking into account the criteria and elements that we discussed and as a human beings that is at the end may take a decision that appeals to one of the parties.

Finally, remember that in the event that economiccircumstances of either party or both, and the needs of recipients later require other distribution, Panamanian law allows proportionately reduce or increase the foods in its opportunity.

http://www.asamblea.gob.pa/APPS/LEGISPAN/PDF_NORMAS/2010/2012/2012_596_1835.PDF

By: Jorge Leon Barahona

Family Lawyer

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The Succession upon death is closely linked with another important institution of Civil Law: the patrimony, because the person, while living, is related to a patrimony subject to a number of legal relations, allowing you to be the subject of property and personal rights and also be tax payer on various obligations.

At death, this set of legal relations will subsist in which the person was an active or passive subject, that is to say, it will leave a legacy. Therefore, the death of the owner of rights, obligations and legal relations raises the question of the fate that has to run his estate.

Therefore, the legal concept of succession Mortis Cause offers the solution to the problem, evidencing its practical function and provides the destination to be achieved by this heritage that lingers even after the death of its owner. Consequently, Succession MortisCause is considered as a private law legal entity governed by public law.

he succession is an essential right of every individual to ensure the transmission of their assets, rights and obligations in the way this one has established or according to the manner prescribed by law.

In this sense, Somarriva says, “the succession because of death becomes a real personal subrogation, as the heirs come to occupy the same legal position in life was the cause” ¹.

Moreover, the succession because of death, gives rise to the real right of inheritance. In this respect, the concept of private property rules, the domain. This right is characterized as perpetual, which brings precisely as a consequence, the institution of the succession upon death, and more in particular the heritage. Therefore the domain of a person extends beyond their days.

From the above, it can be deduced that to precede succession upon death, it is necessary that the person has died, otherwise we would be in the form of succession Inter -Vivos and would have no legal effect among beneficiaries or heirs.

By: Lic. Debbie Moreno Yuen

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For Panamanian law marriage is “the voluntarily union established between a man and a woman with legal capacity, which binds to and shares a common life”; being so, marriage can then be dissolved by death, by annulment of the act or through divorce. Now, when a marriage is dissolved by the institution of divorce, it is necessary to concur in the process and show at least one of the 10 grounds for divorce established in the Family Code; this does not mean that issues that are closely related as they are to be resolved: Who stays with the children?; child support and liquidation of the economic regime of marriage.

Faced with the above, as family lawyers in Panama seek to make clear that in our country, that with the mere process of divorce everything related to marriage is not resolved; that is  to say, that unlike what we usually see in “Hollywood” (Panama has a different legal system to the US) to solve issues such as child support; liquidation of the economic regime of marriage and the care and upbringing –regulation of visits children, so will require different processes, closely related are filed, but not necessarily binding in its decision.

Forget the Master hearing where the judge (with a large wooden hammer) will declaressomeone guiltyof the divorce, that will establish who will stay with the children, will set  the alimony that will pay those who do not have them and then divide all assets incurred in the marriage. By contrast, the mere divorce proposal can be the trigger for other three or four processes that may remain based in different courts and their examinations depends on the specifics of each case and try later.

From the above, it interferes that if for some reason we are dealing with a case where we find irreconcilable differences between the spouses, so that the marriage is not justified; and therefore, the last and only option is divorce, the parties should be aware that the simple process of divorce will not solve what is concerning to the other issues mentioned above, and can be promoted processes including alimony; liquidation of the economic regime of marriage or care and  upbringing-visits ruling before the divorce itself and likewise being able to promote only divorce without necessarily existing a decision  of the  above  mentioned  subjects.

Thus, it is quite possible that if you are in the middle of a divorce in Panama and has been unable to reach a comprehensive agreement on all these issues, you will not only be immersed in the three aforementioned processes, but also presents a legal situations related to criminal law, administrative law and civil law itself.

It is for this, that in all matters related to Divorce, we always recommend to reflect and think things through and if, after that, it is concluded that definitely you are “over love” and you cannot remain “united forever”, it is not necessarily to make the situation more difficult by promoting litigation and sterile disputes that ultimately affect not only those who are divorced but all family members, especially children born in marriage.

References:

• http://mujer.com.pa/la-custodia-paterna-y-sus-realidades/

• http://www.panamaamerica.com.pa/notas/1194712-divorcios-le-ganan-terreno-los-matrimonios

• http://www.laestrella.com.pa/online/impreso/2011/04/07/quien-se-queda-con-los-hijos-custodias.asp

By Jorge Barahona

Family Lawyer

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