International litigation lawyers

Q: I got married in Mexico, but I got a divorce overseas. Is that legal in Mexico?

You have to open a procedure in Mexico where authorities have notice of this. A Mexican judge will have to decide if your divorce is legal in Mexico because your marriage happened in this country. Hiring a lawyer is highly recommended to present your paperwork in Mexico.

Experts in commercial and civil law

Whether living in Mexico as a worker or a retiree, or traveling to the country to open a business, foreigners and companies always need to feel protected stepping on Mexican soil. At our law firm, LORAD focuses on easing your worries, and our main goal is to help make your residency in Mexico, temporary or permanent, a good one.

Our bilingual international attorneys focus on real estate acquisition, business consulting, Copyright, and intellectual property. From the initial steps of any process to contract creation and any obligation linked to those contracts, we are here for our clients.

Understanding the legal system in Mexico

Even though Mexico and the United States share a very close history (some states of the United States were once a part of Mexico, like, for example, Texas, Utah, or California), their legal systems are very different. As a matter of fact, the origins of the Mexican legal system are based on the Roman, Greek, and French legal systems, and its commercial law drew heavily on law from Italy.

So, in that sense, Mexico is closer to Europe than the United States. One of the biggest differences is that the United States common law is considered civil law in Mexico.

Civil law in Mexico

Mexican Civil Law is statutorily based, this means that cases are individually analyzed by looking at the law. In other countries like the United States, case laws do not have precedential value. There is no principle or rule established in a past case that is relevant to the court that they can decide on subsequent cases.

Civil litigation cases in Mexico can be anything from marriage, and changes in legal names to real estate acquisitions. Our law firm can help you review and check any type of civil contract that may arise from any civil action. For example, imagine you are coming to Mexico on a legal resident permanent visa and want to buy a house. This transaction would be a civil one in Mexico, as you're acquiring a house through a real estate sales contract.

At Lorad, we've assisted numerous foreigners in purchasing real estate in Mexico. We're proud to share that many American and Canadian citizens who reached out to us are now homeowners in Mexico, earning a steady income with their long-term rentals of real estate we've helped acquire in Lorad. They're enjoying their retirement or starting new lives in our country.

Commercial law in Mexico

Now, if later in life you sell that same house to a company, then this would be a commercial matter in Mexican law. Commercial law regulates the commercial relationships between natural individuals and business entities.

As experts in business consulting, we know that setting up a new business in Mexico has a lot of elements at stake and it can be a cumbersome process. But here in Lorad, we are experts in Commercial law, and we have helped many companies to start their adventure in Mexico, from legal entities to elaboration of shareholder meetings, power of attorney, and foreign investment.

Timeshare contracts in Mexico

Exploring real estate in the Riviera Maya often involves engaging timeshare contracts, enticing tourists with incredible seaside experiences in Cancun, Playa del Carmen, or Tulum. But, a blissful getaway can lead to signing contracts promising similar experiences for decades, resulting in unexpected financial burdens.

Mexican law offers a "cooling off" period, allowing reconsideration before finalizing the deal. However, this period varies by state, ranging from days to weeks. Consulting an expert attorney before signing, especially abroad, is crucial. At Lorad, we've assisted numerous tourists in reviewing contracts before commitment.

If you've already signed, our bilingual lawyers can review it afterward, focusing on key factors, including the grace period expiration. Cancellation terms in such contracts are complex, often requiring legal scrutiny due to the artful tactics employed by these resorts.

It is easy to want to see this for a week every year.

Can I cancel a timeshare contract?

Cancellation becomes more challenging after the grace period. In Mexico, consumer protection falls under PROFECO (Procuraduría Federal del Consumidor), established in 1976. Mexican timeshare operations register with PROFECO, housing all resort contracts.

When outside the grace period, consulting with PROFECO becomes essential. Resolutions might include refunding money for abusive contracts or terminating ongoing payments. Each case varies, necessitating expert handling. Lorad specializes in terminating timeshare contracts and guiding clients throughout the process.

Thinking about owning a timeshare in Cancun or Playa del Carmen? Contact us before committing. Our expertise ensures informed decisions, safeguarding your interests.

Frequently Answered Questions

Which rights do I have as a foreigner in Mexico?

The Mexican Constitution of 1917, which is still in use today, grants the following rights to foreigners in Mexican territory:

Right to nationality
Right to free transit
Right to judicial security and a lawful procedure
Right to consular assistance
Right to no discrimination
Right to asylum
Right to be recognized as a refugee
Right to protect the family as a unit
Right to human dignity
Right not to be criminalized
Right to a decent home
Right not to uncommunicated
Right to a translator

Can I file for divorce if I am in Mexico, but I am a foreigner?

Yes, you can file for divorce in Mexico if you were married within the territory. You can also do that if you were married overseas if you have been residing in Mexico in a common house for six months, even if one of the spouses does not live in Mexico anymore.

A divorce in Mexico is an easy procedure. Voluntary divorces are fast, but you have to have been married for at least one year. When a couple is divorced, Mexican law grants the person in charge of children and house labor up to 50% of the personal property. Tell us your case, and our firm will lead you through the process to protect your interests.

I got married in Mexico, but I got a divorce overseas. Is that legal in Mexico?

What kinds of rights should I be aware of when being under a Mexican lawsuit?

If any of the following legal procedures are not dutifully fulfilled, you will have a better ground for your defense. First of all, you have the right to an appointed translator at all times. Then you have the right to choose what can be taken as collateral. Nobody can decide that for you. You also have the right to have witnesses and evidence that help your case. Our firm can help you put together everything you need to stay safe.