Best Marriage Lawyers in Colombia

About Marriage Law in Colombia

Marriage in Colombia is legally recognized as a civil contract between two persons that provides them with personal rights and responsibilities. The country allows both civil and religious marriages, but for a marriage to be legally binding, it must be registered with the Colombian civil registry. Same-sex marriage has been legal in Colombia since 2016, providing equal marriage rights to all citizens.

Why You May Need a Lawyer

There are several scenarios in which individuals may require the assistance of a lawyer in matters related to marriage in Colombia:

• Preparing prenuptial agreements to protect assets and outline financial plans.
• Understanding the legal implications of marriage, especially for foreigners marrying in Colombia.
• Dealing with complex cases involving property rights, custody, or inheritance, especially in marriages with significant assets or children from previous unions.
• Assistance with the marriage registration process to ensure all legal documents are correctly filled and submitted.
• Navigating the legal aspects of separation or divorce.

Local Laws Overview

Marriage in Colombia is governed by the Civil Code and other relevant legislation. Some key aspects of marriage laws include:

• The legal age for marriage is 18, but minors may marry with parental consent from the age of 14 for males and 12 for females.
• Both parties must consent to the marriage freely and voluntarily.
• Marriage bans relatives within specific degrees, such as siblings and half-siblings.
• Procedures for civil marriage require couples to provide official identification, birth certificates, and, if applicable, divorce decrees or death certificates of former spouses.
• A division of property regime generally applies, but couples can opt for a separate property regime with a pre-existing agreement.
• Same-sex marriages are legally recognized and follow the same procedures as heterosexual marriages.

Frequently Asked Questions

What is required to get married in Colombia?

Couples need to supply identification, birth certificates, and any pertinent documents like divorce decrees or death certificates from previous marriages. Additionally, they must declare any assets and debts if entering a property regime agreement.

Can foreigners marry in Colombia?

Yes, foreigners can marry in Colombia, but they may require additional documentation, such as a certificate of marital status from their home country, duly translated into Spanish and authenticated.

What are the main types of marriage recognized in Colombia?

Colombia recognizes civil marriages, religious marriages that have civil effects, and civil unions, which grant rights similar to those of married couples.

Is a prenup (prenuptial agreement) advisable in Colombia?

Prenuptial agreements are advisable if you have assets or interests to protect. They are legally binding and detail how assets and debts are handled within the marriage.

What are the ramifications of divorce in relation to property sharing in Colombia?

Upon divorce, the communal property is generally divided equally unless a prenuptial agreement or another legal agreement specifies otherwise.

What happens if one partner is a Colombian citizen and the other is not?

The foreign partner will need additional documentation. Marriage to a Colombian citizen does not automatically grant the right to residence or citizenship.

How are children from previous marriages dealt with legally in a new marriage?

Children from previous relationships are entitled to their share of inheritance and support, and these rights remain unaffected by a parent's subsequent marriage.

Is it legally required to register a religious marriage with the civil registry in Colombia?

Yes, for a religious marriage to have legal status, it must be registered with the civil registry.

Are same-sex marriages legally recognized in Colombia?

Yes, same-sex marriages have been legally recognized in Colombia since 2016, providing equal rights to same-sex couples.

Where is a marriage certificate obtained in Colombia?

A marriage certificate can be obtained from the notary's office where the marriage was registered or through the National Civil Registry service.

Additional Resources

For further assistance, there are various resources and organizations available:

• Notaries - An initial point of contact for marriage registration and paperwork.
• Family Lawyers - Specialize in marriage, divorce, and family law issues.
• Colombian Civil Registry - For official civil documentation and registration.
• Ministerio del Interior - Offers information and policies related to marriage and family issues.

Next Steps

If you need legal assistance for marriage in Colombia, consider taking the following steps:

• Research and consult with a family law attorney specialized in Colombian law to understand your rights and obligations.
• Prepare a list of necessary documents and steps based on your personal situation (e.g., if seeking a prenup, gathering all financial details).
• Schedule a consultation with a local notary or legal professional to discuss civil or religious marriage registration procedures.
• Contact the Civil Registry for guidance on legal documentation and the process for registering your marriage.
• Ensure all legal requirements are met for a valid marriage and potential future needs, especially concerning assets and children.