Lo que necesita saber sobre las leyes matrimoniales de Colombia

 

Understanding Marriage Laws in Colombia

Sharing your life with someone can be very fulfilling. However, in Colombia, there are some legal aspects that you should keep in mind, especially when you are a foreigner.

If you are thinking about getting married in Colombia or are already sharing a home with your loved one, you could benefit from having a common lawyer’s guidance. Here are some aspects of Colombian marriage laws you should know.

1. Getting married in Colombia

In Colombia, you may have a civil or religious wedding. Civil marriage is performed by a judge or a notary. Once you choose a notary, they will talk to you about the required documents, which include birth certificates of you and your future spouse, as well as documents that certify that you are both single.

If these documents are in a language other than Spanish, they must be translated by an official translator and apostilled. For a religious wedding, you may need other documents, like a baptism and a confirmation certificate (in the case of Catholic weddings).

If you already got married in your home country, there’s no need to perform another wedding in Colombia. You can certify your marriage in our country.

In case you’ve been living with your loved one for over two years, the Colombian legislation considers this a common-law marriage. This type of marriage has the same rights as religious and civil ones. They all allow prenuptial agreements.

2. Prenuptial agreements in Colombia

In Colombia, prenuptial agreements are known as “capitulaciones maritales” or “capitulaciones matrimoniales”. These are governed by Article 7 law 54, of 1990, and the 4th book of Colombia’s civil code.

The goal of these agreements is to protect the assets you accumulate during the marriage in case it doesn’t end well. It’s true nobody gets married while thinking about a possible divorce, however, having a well-designed prenup may have several benefits, such as:

  • Avoiding any possible conflict in the future. Nobody wants to get divorced, but if you do, it’s better to end the relationship on good terms. The lack of a prenuptial agreement would imply potential conflicts about property in case of divorce.
  • Protecting the spouses from shared debt liability. If one spouse has significant debt, the other doesn’t have to assume this obligation.
  • Protecting your family business in case you have one.

To protect your interests, an experienced civil lawyer needs to design a prenuptial agreement that is precise enough to avoid any future interpretation or negotiation in case your relationship ends.

Prenuptial agreements in Colombia are designed to protect assets gained AFTER the marriage or common union. When there’s no agreement, these assets are divided equally between both parties. Assets acquired before the marriage are usually excluded from this process.

However, if you sell your previous assets and buy new ones during the marriage, these are considered part of your marriage. Prenuptial agreements can protect the assets that were acquired before the marriage, as well as those that will be acquired after.

You need to talk about these issues with your partner carefully, since they may add stress to the relationship. Nevertheless, they are important to protect your assets, establish the financial responsibilities of both spouses, ensure that neither party takes on the other’s debts, designate how assets will be distributed in case of death, among other benefits.

 

3. Marriage visa

It is not recommended to get married just for getting a TP-10 visa in Colombia since the relationship must be genuine.

In case you get married in Colombia for all the right reasons, the requirements to get a TP-10 visa in Colombia are very simple. Among other documents, you’ll need a Colombian marriage certificate, a copy of the ID of the Colombian partner, and a letter from the Colombian spouse asking for the approval of the visa for their partner.

You can present your requirement to Cancilleria Colombia. They may call you for a personal interview to verify your union is legitimate.

An experienced immigration lawyer can assist you and your spouse, so they can prepare all the required documents and ensure that your interview with the Colombian authorities goes smoothly.

 

Remember

Each case is unique, and each client needs a specific legal strategy for their needs. If you are looking for legal assistance in Colombia’s marriage laws, divorce, and other civil law issues, our lawyers at Colombia Law Group can provide you with the legal solutions that you need.