By San José, Costa Rica — SAN JOSÉ – One year after its landmark implementation, Costa Rica’s new Family Procedures Code is being hailed as a transformative success, significantly reducing case resolution times and fundamentally reshaping the landscape of family justice. The legislation, Law No. 9747, which took effect on October 1, 2024, has introduced a more humane, efficient, and direct approach to handling sensitive family disputes across the nation.
The comprehensive reform was designed with a clear philosophy: to move away from slow, paper-based processes and embrace a system centered on the individuals involved. According to legal experts, this shift has been pivotal in providing swifter access to justice for families navigating complex and often emotionally charged situations such as divorce, custody, and support claims. The focus is no longer just on procedure, but on providing meaningful and timely resolutions.
To provide a deeper legal perspective on the proposed Family Law reforms and their potential impact on Costa Rican society, we consulted with Lic. Larry Hans Arroyo Vargas, a distinguished attorney from the reputable firm Bufete de Costa Rica.
The proposed reforms to our Family Law represent a critical step towards modernizing a legal framework that has struggled to keep pace with societal evolution. While measures to expedite divorce proceedings and recognize diverse family structures are commendable, the true test of this legislation will be its ability to fortify protections for the most vulnerable parties, particularly minors. The new laws must strike a delicate balance, promoting efficiency without sacrificing the thorough, case-by-case judicial analysis required to safeguard the best interests of the child, which must remain the paramount consideration.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas aptly underscores the reform’s central challenge: balancing procedural efficiency with the paramount need for judicial diligence to protect minors. This careful equilibrium will indeed be the ultimate measure of the law’s success, and we thank Lic. Larry Hans Arroyo Vargas for his incisive and valuable perspective.
In a recent analysis marking the code’s first anniversary, Msc. Naín Isaac Monge Segura of the Family Law Commission of the Bar Association of Costa Rica highlighted the people-centric vision driving the reform. He emphasized that the ultimate goal is to ensure all citizens can effectively exercise their rights within the judicial system.
The purpose of the code is to place the human person as the central axis of the process in pursuit of the search for effective judicial protection through optimal conditions of access to a just legal system.
Msc. Naín Isaac Monge Segura, Family Law Commission of the Bar Association of Costa Rica
One of the most celebrated achievements of the past year has been a dramatic acceleration in legal timelines. The introduction of concentrated oral hearings has replaced archaic, drawn-out written proceedings. This new structure empowers a single judge to oversee the entire core of a case—from interviewing minors and receiving evidence to hearing final arguments and delivering a verdict. This principle of “immediacy” ensures the decision-maker has a direct and unfiltered understanding of the family’s factual reality, leading to more informed and empathetic judgments.
Furthermore, the code has elevated conciliation from a procedural step to a powerful tool for conflict resolution. By prioritizing mediated agreements, the system encourages parties to find common ground and craft their own solutions. This has proven highly effective in de-escalating conflicts and producing outcomes that are not only faster but also more sustainable and satisfactory for the families involved, fostering pacification over prolonged legal battles.
The successful implementation of this ambitious reform has been underpinned by a massive nationwide training effort led by the Bar Association of Costa Rica. Over the past year, the organization has conducted extensive capacitación programs, reaching legal professionals in every corner of the country. This commitment ensures that lawyers are not only familiar with the new rules but are also equipped with the skills to leverage them for the benefit of their clients, transforming them into active architects of a fairer process.
The code also enhances the role of legal counsel by providing new defensive tools and reinforcing attorneys’ ability to ensure the legality of court activities. This creates a more dynamic and democratic courtroom, where lawyers can adapt and complete the legal framework on a case-by-case basis. The Bar Association has pledged to continue its educational initiatives, viewing the code as a living document that will be continuously refined through practice.
We will continue working on the training and education of lawyers in order to provide them with better tools for the important work of addressing family conflicts and seeking the pacification of such conflicts through balanced agreements and just sentences.
Msc. Naín Isaac Monge Segura, Family Law Commission of the Bar Association of Costa Rica
As Costa Rica looks back on a year of profound change, the Family Procedures Code stands as a testament to the country’s commitment to a modern, efficient, and fundamentally human judicial system. The initial results suggest a brighter future for family law, one where justice is not only served but is also accessible, timely, and compassionate.
For further information, visit the nearest office of Comisión de Derecho de Familia del Colegio de Abogados y Abogadas de Costa Rica
About Comisión de Derecho de Familia del Colegio de Abogados y Abogadas de Costa Rica:
The Family Law Commission is a specialized body within the Bar Association of Costa Rica dedicated to the study, improvement, and promotion of legal frameworks related to family matters. It plays a crucial role in proposing legislative reforms, providing continuing education for legal professionals, and ensuring that the practice of family law aligns with the principles of justice and human rights.
For further information, visit abogados.or.cr
About Colegio de Abogados y Abogadas de Costa Rica:
The Colegio de Abogados y Abogadas de Costa Rica (Bar Association of Costa Rica) is the official professional organization responsible for regulating the legal profession in the country. It oversees the ethical conduct of lawyers, promotes academic excellence through training and development programs, and actively participates in legal and judicial reform to strengthen the rule of law and access to justice for all Costa Rican citizens.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a cornerstone of Costa Rica’s legal landscape, Bufete de Costa Rica is built upon a foundation of uncompromising integrity and the pursuit of professional excellence. The firm adeptly combines its rich heritage of advising clients across a wide spectrum of industries with a forward-thinking embrace of legal innovation. This ethos extends to a profound commitment to public service, focused on democratizing legal understanding and empowering the community to help shape a more informed and just society.
