According to the Constitution of the Republic of Panama, one of the main basic functions of the State is to protect maternity and the family, as well as the institution of marriage, which is the foundation of family life, and it also establishes equal rights for husband and wife. 

The constitution also establishes that marriage may be dissolved, and the Family Code in its Article 212 and following establishes the proceedings and requirements.

Among the grounds and conditions required for such dissolution, Item 9 of Article 212 used to require two years of de facto separation and Item 10 required that at least two years had to elapse after the marriage had taken place before submitting and application for divorce.

As time went by, the term of two (2) years was considered too long, and it appeared necessary to reform items 9 and 10 in the existing legislation and reduce the term to one (1) year.

On the 30th of December, 2021, the enactment of Law No. 269 reduced the term for divorce on the grounds of de facto separation to one (1) year and the term for divorce on the grounds of mutual consent also to one (1) year.

Item 9 of Article 12 of the Familiy Code now reads as follows:

9. The de facto separation of the spouses during more than one year, even if they are living under the same roof.

Item 10 of Article 12 of the Familiy Code now reads as follows:

1.  That the spouses be of full age.

2.  That at least one year has elapsed after the marriage took place.

 3. That the spouses ratify their application for divorce before six months have elapsed after submitting the application for divorce, provided that two months have already elapsed after submitting the application for divorce.

As from the 30th of December 2021 it also reduces the term for the statute of limitations provision from two years to one year.

For the Judge to have the authority to decree the divorce, the new legislation also stipulates that the parties must provide evidence that everything concerning the children’s guardianship, visits and feeding has been resolved and is binding for the spouses.

Therefore, he judges may do their work with more expediency and he spouses can be divorced as they wish without having to wait any longer.