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Only fraudulent conduct sets aside a divorce judgment

Last reviewed: September 13, 2026 — VerifiedPoder Judicial

In short

Article 461 fixes the moment: the tie’s dissolution is effective from when the divorce judgment is firm, and in joint petition or complaint cases the spouses may, by common agreement, expressly waive the processes provided for reviewing the judgment. Article 462 lists what the judgment must provide if there is no agreement between the spouses or if there is and the court rejects it: patria potestad and custody of minor children, or extended patria potestad and guardianship over incapacitated adults; the alimentos of the children and of either ex-spouse; the preferential use or retention of the family home; filial relations; the family’s burdens and provision arrangements; the guarantees for compliance with those measures; and the adjudication of ganancial goods, if stipulated. Article 463 covers the gap when something is missing: if the judgment lacks some necessary and indispensable order, the provisional measures stay in force until the omission is corrected. Article 464 deals with agreements: the court evaluates and integrates them into the judgment after constating they are free and voluntary and contain no unjustified advantages of one spouse over the other; absent a convenio or express judicial regulation, the Code governs. Article 465 protects the children: the divorce does not deprive them of the rights the law recognises by reason of their parents’ marriage, both parents keep the same rights and obligations save the limits the court imposes, and any agreement of the parents contrary to that is null. After the judgment, Article 469 orders any doubt about an order interpreted in the manner most favourable to the children and the needy spouse. Article 470 shuts the door on technical challenges: the judgment may only be set aside if a party engages in fraudulent conduct to obtain the decree, and procedural defects that are not an intentional act to defraud give no ground to challenge it in any case. And if the case dies instead of ending in judgment, Article 471 restores to the spouses the rights and obligations they had before, while Article 472 saves the good-faith third party and imputes as privativa any debt incurred during the process.

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What is it?

They are Articles 461 to 465 and 469 to 472 of the Civil Code of 2020: what the divorce judgment contains, what it protects, when it may be set aside, and what happens if the case is archived.

Who can do it?

Either ex-spouse of a decreed divorce, and either spouse of a case that was archived or withdrawn.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Count from when it is firm

    Article 461: the tie’s dissolution is effective from when the divorce judgment is firm.

  2. Step 2: You may waive the review

    The same article allows it in a joint complaint or petition, by common agreement and expressly.

  3. Step 3: Review the seven matters

    Article 462: patria potestad and custody, alimony, home, filial relations, burdens, guarantees and stipulated goods.

  4. Step 4: If something is missing, the provisional ones continue

    Article 463: they stay in force until the omission is corrected by judicial determination.

  5. Step 5: The convenio passes a filter

    Article 464: the court constates it is free and voluntary with no unjustified advantages of one over the other.

  6. Step 6: The children lose no rights

    Article 465: and any parental agreement contrary to what it provides is null.

  7. Step 7: In doubt, it is read in their favour

    Article 469: orders on custody and sustenance are read in the manner most favourable to those they protect.

  8. Step 8: To undo it, prove the fraud

    Article 470: procedural defects short of an intentional act to defraud never suffice.

Where to do it

These articles do not describe the court procedure. The Code does not define here what the fraudulent conduct allowing the judgment to be set aside is, nor what an unjustified advantage of one spouse over the other is. It does not say how the omission of a necessary order in the judgment is corrected, or with what pleading. It does not say which review processes may be waived by common agreement. And it does not deal here with the ex-spouse’s pensión alimentaria, which is Articles 466 to 468, covered separately on this site. None of those gaps is filled here.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If what you want is to undo an already decreed divorce, Article 470 is worth reading first, because it shuts almost every door: the divorce judgment may only be set aside if a party engages in fraudulent conduct to obtain the decree, and it adds that procedural defects not constituting an intentional act to defraud the other party or the court give no ground to challenge it in any case. That final phrase — in any case — rules out the technical challenge. What must be shown is the intent to defraud, not the error. On the other side, if the problem is that the judgment fell short, Article 463 avoids the vacuum: if it lacks some necessary and indispensable order to regulate the divorce’s effects, the provisional measures stay in force until the omission is corrected. It is therefore worth checking the judgment against Article 462’s list, which is concrete: patria potestad and custody, alimony for the children and for either ex-spouse, use or retention of the family home, filial relations, burdens and provision arrangements, guarantees of compliance, and the adjudication of ganancial goods if stipulated. For whoever signed a convenio, Article 464 is a real protection: the court does not simply copy it, but constates it is free and voluntary and contains no unjustified advantages of one spouse over the other before integrating it into the judgment. And for the children, Article 465 sets a limit the parents cannot negotiate: the divorce does not deprive them of the rights the law recognises, both parents keep the same rights and obligations save what the court limits, and any agreement contrary to that is null. If the case ended not in judgment but in withdrawal or archive for inactivity, Article 471 restores to the spouses the rights and obligations they had before the petition was filed. But mind the outside world: Article 472 protects the third party who contracted in good faith during the process, and imputes as privativa any debt a spouse incurred in that period. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Challenging the judgment over a procedural error: Article 470 rules it out in any case.
  • Believing any irregularity suffices: an intentional act to defraud must be proved.
  • Not checking the judgment against Article 462’s list of seven matters.
  • Treating the provisional measures as gone when the judgment omits a necessary order.
  • Assuming the court signs the convenio unread: Article 464 evaluates it first.
  • Agreeing between parents something contrary to the children’s rights: that agreement is null.
  • Believing withdrawal leaves common debts: Article 472 imputes them as privativas.
  • Forgetting the good-faith third party stays protected even if the case is archived.

Frequently asked questions

May a divorce judgment be set aside?

Article 470 allows it only if a party engages in fraudulent conduct to obtain the decree.

There was a procedural error. Does it support a challenge?

No. The same article says defects short of an intentional act to defraud give no ground to challenge in any case.

The judgment is missing an order. What governs meanwhile?

Article 463 keeps the provisional measures in force until the omission is corrected by judicial determination.

We withdrew the divorce. Do we return to how we were?

Article 471 restores to the spouses the same rights and obligations they had before the petition was filed.

Official sources

These are the government pages this guide is based on.

Last verified

September 13, 2026

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