🇨🇷 Costa Rica: Lavender Marriage Legal Implications

Costa Rica Legal Framework

Marriage Equality Status

Costa Rica legalized same-sex marriage on May 26, 2020, when Constitutional Chamber (Sala IV) ruling No. 12782-2018 took effect. The Sala IV had ruled in 2018 that the existing ban on same-sex marriage was unconstitutional and gave the National Assembly 18 months to legislate; when it failed to do so, marriage equality took effect automatically on May 26, 2020.

Costa Rica was the first country in Central America to legalize same-sex marriage. Same-sex marriages carry full legal equivalence, including adoption rights, inheritance, pension survivorship, and migratory (immigration) benefits.

Property and Divorce

• Costa Rica's Family Code establishes community property (gananciales) as the default — upon divorce, assets acquired during the marriage are divided equally (50/50)
• Pre-marital assets and gifts/inheritances remain personal property
• Prenuptial agreements (capitulaciones matrimoniales) can modify property division — must be registered in the National Registry before the marriage
• No-fault divorce is available; either party may file after one year of separation
• Contested divorce can be filed immediately on proven grounds (infidelity, abandonment, domestic violence, etc.)

Costa Rica requires one year of separation before no-fault divorce — pre-planning the separation timeline is important for exit planning.

Practical Considerations for Lavender Marriages

Why Lavender Marriages Occur in Costa Rica

• Despite being the first in Central America to legalize SSM, Costa Rica remains a predominantly Catholic country with strong traditional family expectations
• Rural communities and regions outside San José are considerably more conservative; family pressure to marry heterosexually persists
• Some individuals from other Central American countries use Costa Rica as a marriage jurisdiction given it is the only country in Central America with marriage equality

Key Risks and Legal Protections

• Register capitulaciones matrimoniales in the National Registry before the marriage to establish separate property — without this, default community property (gananciales) applies at divorce
• Plan for the one-year separation requirement before no-fault divorce — contested grounds require immediate evidence of cause
• Consult a Costa Rican family law attorney and notary for all documentation and registry requirements