Best Marriage Lawyers in Cali

About Marriage Law in Cali, Colombia

Marriage in Cali, Colombia is a legally recognized union between two people who wish to formalize their relationship, create mutual rights and obligations, and form a legally protected family unit. The Constitution of Colombia and the Colombian Civil Code establish the framework for marriage, applicable both to civil and religious ceremonies. In Cali, as in the rest of Colombia, marriage can be between a man and a woman or between two people of the same sex, following the country's recognition of same-sex marriage.

Why You May Need a Lawyer

Although marriage in Colombia is a common civil act, there are many circumstances where professional legal advice is important. Some of the most common situations include:

• Clarifying the difference between civil and religious marriages and their legal effects.
• Assisting foreigners or mixed-nationality couples through the documentation and visa processes.
• Drafting and reviewing prenuptial agreements to protect assets or define support obligations.
• Addressing issues related to previous marriages, such as verifying the legality of divorces.
• Navigating property rights and inheritance laws as part of marital arrangements.
• Guiding couples with complex family situations, including children from previous relationships.
• Handling disputes or legal challenges regarding the validity of a marriage.

A lawyer can ensure the marriage is legally valid and safeguard personal and financial interests.

Local Laws Overview

Marriage law in Cali follows national Colombian law, but understanding local procedures ensures a smooth process. Important aspects include:

• Civil vs. Religious Marriage: Both types are valid in Colombia, but civil marriages are registered with the local notary or courthouse and have immediate legal effect.
• Required Documents: Each partner must provide legal identification, proof of civil status (single, divorced, or widowed), and in some cases, birth certificates. Foreign nationals must often provide additional documents, translated and apostilled if needed.
• Minimum Age: The legal age for marriage is 18, but those as young as 14 may marry with legal parental consent.
• Prenuptial Agreements: Couples can sign agreements specifying the administration of assets and responsibilities before marriage.
• Property Regime: Colombian law defaults to a community property system but allows couples to opt for separation of assets.
• Same-Sex Marriage: Since 2016, same-sex marriage is legal and recognized with the same rights and obligations as opposite-sex couples.
• Recognition of Foreign Marriages: Marriages performed abroad can be recognized in Colombia if properly registered with Colombian authorities.

Frequently Asked Questions

What is the difference between civil and religious marriage in Cali, Colombia?

A civil marriage is performed and registered by a notary or judge, while a religious marriage is performed by a religious authority. Both grant identical legal status if duly registered.

What documents are required for marriage in Cali?

Typically, each party needs a copy of their official identification, a birth certificate, proof of single status or divorce, and for foreigners, a legalized passport and apostilled documents as appropriate.

Can foreigners marry in Cali, Colombia?

Yes, foreigners can marry in Cali, but must provide extra documentation, such as a copy of their passport, proof of legal entry, and documents proving their current civil status, all of which must be translated and apostilled if not in Spanish.

Is same-sex marriage allowed in Cali?

Yes, same-sex marriage is legal and carries the same rights and obligations as marriage between a man and a woman.

What is a prenuptial agreement and is it common in Colombia?

A prenuptial agreement (capitulaciones matrimoniales) is a contract defining the management of assets and other obligations during the marriage. It is recognized in Colombia and can be tailored to the couple's needs.

Must marriages be registered after the ceremony?

Yes, for the union to have legal effect, the marriage must be registered with the civil registry, whether it is religious or civil.

What property regime applies after marriage?

Unless a prenuptial agreement stipulates otherwise, Colombian law applies a community property regime to assets and debts acquired during the marriage.

How long does the marriage process take?

Once all documents are in order, a civil marriage can often be completed within a few weeks. Delays may occur if documents require verification or additional legal steps.

Can a previous marriage or divorce affect my ability to marry?

Yes, proof of legal termination of any previous marriage is required. Any irregularities can delay or prevent new marriage proceedings.

Are marriages performed abroad valid in Cali, Colombia?

Yes, but you must register the marriage with local authorities to have full legal recognition in Colombia.

Additional Resources

For more information and assistance with marriage in Cali, consider the following resources:

• Registraduría Nacional del Estado Civil: Handles civil registries, issuance of marriage certificates, and information about legal requirements.
• Notarías de Cali: Notary offices across Cali are authorized to perform civil marriages and offer consultation services on required documentation.
• Colombian Family Lawyers: Specialized legal professionals offering advice on prenuptial agreements, divorce, and family law matters.
• Defensoría del Pueblo: Provides legal assistance and guidance on family rights and domestic matters.

Next Steps

If you are planning to marry in Cali and need legal assistance, follow these steps:

• Gather basic information about your current civil status and any relevant past marriages or divorces.
• Consult with a local notary or family lawyer to review the documentation you will require. This is especially important if one or both partners are foreign nationals.
• Consider discussing prenuptial agreements or property regimes with your partner and legal advisor.
• Begin collecting and legalizing all necessary documents as early as possible, especially for foreign documents needing translation and apostille.
• For tailored legal advice, reach out to a qualified family lawyer in Cali who can guide you through the process and answer your specific questions.

Taking these steps will ensure your marriage is legally recognized and your rights are protected under Colombian law.