The following information was obtained during a telephone interview with an official at the Embassy of Peru in Ottawa on 29 May 2003. Divorce in Peru is only recognized on the basis of mutual agreement, adultery, physical or psychological abuse (Peru 29 May 2003). Proof of adultery or of physical and psychological mistreatment must be brought forward in order for the divorce to be accepted without mutual agreement (ibid.). A new law approved by the Peruvian parliament allows couples to divorce without mutual agreement after having been separated for a period of time (ibid.; Peru 7 July 2001). If the couple has no children or if the children are adults there is a separation period of two years before a spouse is able to unilaterally request a divorce (ibid. 29 May 2003). If the couple has children who are minors, there is a separation period of four years before the unilateral divorce request (ibid.). Article 354 of the Civil Code allows one of the spouses to obtain the [translation] "dissolution" of the marriage six months after the notification of the legal recognition of either the conventional separation (separacion convencional) or the physical separation that results from the separation in fact (separacion de cuerpos por separacion de hecho) (ibid. 7 July 2001).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Peru. Embassy of Per, Ottawa. 29 May 2003. Interview with an official at the Embassy of Peru.

_____. 7 July 2001. "Lay No 27495. Ley que incorpora la separacion de hecho como causal de separacion de cuerpos y subsecuente divorcio." http://www.leyes.congreso.gob.pe/Imagenes/Leyes/27495.pdf [Accessed 3 June 2003]