Best Marriage Lawyers in Santa Marta

About Marriage Law in Santa Marta, Colombia

Marriage in Santa Marta, Colombia is governed by Colombian national law, specifically the Civil Code, and regulated by local notaries and family courts. Both civil and religious marriages are recognized, but for a marriage to have legal effects, it must be formally registered. Whether you are a Colombian citizen or a foreigner, understanding the requirements and procedures for marriage is crucial to ensure your union is legally recognized and to safeguard your rights as a couple.

Why You May Need a Lawyer

Marriage is a significant legal bond and sometimes involves complex situations where a lawyer's help is beneficial. Some common reasons you might need legal assistance include:

• Drafting or reviewing prenuptial agreements
• Guidance for foreigners or mixed-nationality couples navigating local requirements
• Dealing with property and asset concerns before marriage
• Ensuring proper documentation and legal compliance for marriage registration
• Seeking annulment or legal separation after marriage
• Handling inheritance and family law matters affecting spouses

Local Laws Overview

In Santa Marta, marriages are primarily regulated by the Colombian Civil Code. Key aspects include:

• Legal Age: The minimum marriage age is 18. Persons aged 14 to 17 may marry with parental or guardian consent.
• Documentation: Both parties must present valid identification (cedula or passport), civil registration of birth, and, in the case of previous marriages, evidence of divorce or spouse's death certificate.
• Marriage Types: Civil and religious ceremonies are recognized, but only registered unions have civil effects.
• Foreigners: Foreign nationals can legally marry Colombians, but may require additional documents such as apostilled birth certificates and proof of legal entry into Colombia.
• Property Regimes: You may choose between a joint or separate property regime. Notarial guidance is recommended for asset-related concerns.
• Same-Sex Marriage: Same-sex marriage is legal in Colombia and follows similar procedures as opposite-sex marriage.
• Common-Law Marriage: Couples who have lived together for two years or more may request recognition as a de facto marital union, which grants similar rights as formal marriage.

Frequently Asked Questions

What are the requirements to get married in Santa Marta?

Both parties need valid identification, birth certificates, and if applicable, proof of divorce or spouse's death. Foreigners often need officially translated and apostilled documents.

Do foreigners need to be residents to marry in Colombia?

No, foreigners do not need residency, but must provide valid entry documentation and comply with all legal requirements.

Can same-sex couples marry in Santa Marta?

Yes, same-sex marriage has been legal in Colombia since 2016 and there are no special additional requirements.

Is a religious ceremony legally valid?

Religious marriages must be registered with the notary to have legal effect. A civil marriage performed by a notary is immediately recognized by law.

What is a de facto marital union?

A de facto marital union, or "unión marital de hecho," is recognized when a couple has cohabited for two years or more and fulfills specific legal criteria. The union must be judicially or notarially declared.

How long does the marriage process take?

The process usually takes between 10 and 30 days after submitting all documents, depending on the complexity of the case and document authentication.

Are prenuptial agreements valid in Colombia?

Yes, prenuptial agreements are recognized if formalized before the marriage at a notary. This is important for asset management.

Can a previous marriage outside Colombia affect my marriage in Santa Marta?

Yes, you must provide proof of dissolution of any previous marriage to avoid legal complications. Foreign documents must be appropriately legalized.

What fees are involved in the marriage process?

Notary and document fees vary, but expect costs for registration, documentation, translations, and any legal guidance required.

Where should I register my marriage in Santa Marta?

Marriages must be registered at a local notary. The notary office will provide guidance on the process and required documents.

Additional Resources

If you need more information or legal support, consider these resources:

• Notary Offices in Santa Marta: Provide official guidance, document verification, and the legal marriage process
• Family Courts (Juzgados de Familia): Handle more complex family law matters and disputes
• Colombian Civil Registry (Registraduría Nacional del Estado Civil): For birth, marriage, and divorce registration and verification
• Consultations with Certified Family Law Attorneys: Private practitioners offer customized legal advice and representation
• Mayor's Office of Santa Marta: Offers citizen services and information about local procedures

Next Steps

If you are considering marriage in Santa Marta and need legal assistance, start by gathering your identification, birth certificates, and any prior marriage documents. Visit or contact a local notary for a document checklist and procedure guidance. If your situation involves assets, foreign documents, or complex family matters, consult a certified family law attorney in Santa Marta for personalized advice. Taking these steps will help ensure your marriage is legally secure and your rights are protected.