Kara Sears
Colombia does recognize common-law marriages, which are defined as a couple living together for two years, after which their relationship is automatically considered a common-law marriage. Common-law marriages in Colombia are regulated by Law 54 of 1990 or 1996 and provide legal rights and obligations similar to those in a marital relationship. However, there are some risks associated with common-law marriages in Colombia, especially for foreign entrepreneurs, as it can result in the merging of finances and the potential loss of assets. It is important for both Colombian citizens and foreigners planning to get married or enter into a common-law marriage in Colombia to understand the country's marriage laws, including the requirements for different types of ceremonies and the necessary documentation.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages | Yes, Colombia recognizes common-law marriages and domestic partnerships, providing legal rights and obligations similar to marital relationships. |
| Definition of common-law marriage | A couple living together for two years or more, after which their relationship is automatically considered a common-law marriage. |
| Legal certification | A couple may approach a notary to make a sworn declaration, which does not constitute a marital union but can be converted to a union marital de hecho or de facto marital union. |
| Visa implications | Common-law marriages and domestic partnerships can apply for an M Visa as a Permanent Partnership Visa (De facto union), specifically for foreigners in a de facto partnership with a Colombian citizen. |
| Financial considerations | Finances of both individuals will be merged after two years, including intangible and financial assets such as ownership of companies and liquid capital. Physical assets like property are excluded. |
| Prenuptial agreements | Prenups, called "capitulaciones," can protect assets before separation/divorce. Official translation and notarization are needed to ensure the validity of submitted documents. |
| Religious marriages | Recognized, solemnized, and regulated by the principles, rituals, and customs of a particular religion, such as the Catholic Church. Registration with a notary is required for equal legal weight as a civil marriage. |
| Divorce | A Colombian marriage does not end automatically and requires a lawyer to represent the process of divorce, which can be non-contested or through a trial if there is no mutual agreement. |
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What You'll Learn
Common-law marriages and domestic partnerships
Colombia recognizes common-law marriages and domestic partnerships, providing legal rights and obligations akin to those in a marital relationship. A common-law marriage in Colombia is defined as a couple living together for two years, after which their relationship is automatically considered a common-law marriage.
To certify a legal union, a couple may approach a notary to make a sworn declaration under oath, which does not constitute a marital union but can be converted to a 'union marital de hecho' or 'de facto marital union'. A union libre is another type of domestic partnership recognized in Colombia, where a couple has been cohabiting for more than two consecutive years without being legally married.
Colombia allows these common-law marriages and domestic partnerships to apply for an M Visa as a Permanent Partnership Visa (De facto union), specifically for foreigners in a de facto partnership with a Colombian citizen. The process of legalizing a common-law marriage or domestic partnership can be done through a public deed in a Colombian notary, a judgment by a family judge, or a conciliation act with specialist lawyers.
Prenuptial agreements, or 'capitulaciones', can be made to protect assets before separation or divorce, and official translation and notarization are needed to ensure the validity of submitted documents. It is important to note that a marriage in Colombia does not end automatically if the couple separates; a lawyer must be hired to represent the couple in a divorce process.
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Rights and obligations
In Colombia, common-law marriages and domestic partnerships are recognised and provide legal rights and obligations akin to those in a marital relationship. This recognition is established through Law 54 of 1990 or 1996, which defines the existence of common-law marriages and the applicable patrimonial regime.
For a relationship to be considered a common-law marriage in Colombia, three requirements must be met, as outlined by the Supreme Court of Justice and the Constitutional Court:
- Existence of a living community: A couple must live together for at least two years, after which their relationship is automatically considered a common-law marriage. This timeframe can be shortened in certain cases.
- Declaration: While not mandatory, a couple may approach a notary to make a sworn declaration of their union, which does not constitute a marital union but can be converted into a 'union marital de hecho' or 'de facto marital union'.
- Legalisation: The coexistence can be legalised through a public deed before a notary, a judgment by a family judge, or a conciliation act with specialist lawyers.
The recognition of common-law marriages in Colombia carries several benefits and rights for the partners involved:
- Patrimonial society: The couple's finances are merged after two years of cohabitation, including intangible and financial assets such as ownership of companies and liquid capital. Physical assets, such as property, are excluded.
- Social Security: The couple can incorporate as beneficiaries of the Social Security Health System.
- Family Compensation: They are included in the Family Compensation Fund.
- Pension: They can benefit from pension substitution.
- Inheritance: The couple gains the status of heir for each other.
- Visa Application: Their common-law marriage is recognised for Marriage Visa or Permanent Partnership Visa (De facto union) applications, especially when one partner is a foreigner.
However, it is important to note that there are potential risks associated with common-law marriages in Colombia, particularly regarding the merging of finances. To mitigate these risks, prenuptial agreements ("capitulaciones") can be made to protect assets in case of separation or divorce. Additionally, in the event of a breakup, a Colombian family court must be involved to legally terminate the marriage, and the process may vary depending on mutual agreement or require a trial divorce.
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Visa applications
Colombia recognizes common-law marriages and domestic partnerships, providing legal rights and obligations similar to those in a marital relationship. A common-law marriage in Colombia is defined as a couple living together for two years, after which their relationship is automatically considered a common-law marriage.
Colombia's marriage visa is intended for foreigners with a Colombian spouse or permanent partner. The visa allows multiple entries into Colombia, but holders cannot stay out of the country for more than six consecutive months. The cost of the visa is $282 USD, which includes a $52 study fee. The Colombian government typically takes over 30 days to process the application, in which case they may charge the $52 fee more than once. The visa grants open work authorization and allows its holder to carry out any lawful activity in the national territory.
To obtain a marriage visa, applicants must gather the necessary documentation and submit a complete visa application. The following documents are required:
- A notarized letter from the Colombian permanent partner granting legal power to apply for the visa
- An application letter signed by the Colombian permanent partner specifying cohabitation
- Copy of the cédula of the Colombian partner
- Authenticated copy of the conciliation act declaring the existence of a common-law marriage or civil partnership where the signature of the formalization of the document is older than one year for the visa application
- Certificate of migratory movements of both the foreigner and the Colombian spouse
- Photocopy of previous Colombian visas
- Passport-style face photo with a white background, sized at 3 cm width x 4 cm height, with a maximum size of 300 kb jpg file for the online application
For couples who cannot travel to Colombia, a proxy wedding can be arranged in accordance with Colombian law. To register a marriage in Colombia, couples must obtain all legal documents and present them to the National Civil Registry (Registraduría Nacional del Estado Civil), a Notary or Consulate. Once the marriage is recognized in Colombia, the couple becomes eligible to apply for the marriage visa.
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Prenuptial agreements
In Colombia, there are two primary versions of prenuptial agreements: the Basic agreement, which prohibits the creation of marital property, and a more comprehensive agreement, which allows for the customization of mutual agreements and financial interests of both partners. The latter can be used to protect assets acquired before the marriage, as well as those acquired during the marriage, and to establish financial responsibilities to ensure that neither party takes on the other's debts.
To be legally binding, prenuptial agreements must be formally signed in the presence of a notary public and documented. Official translation and notarization of documents are required to ensure their legal validity when submitting them to Colombian authorities.
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Divorce procedures
Colombia recognizes common-law marriages and grants them similar legal rights to married couples. A common-law marriage in Colombia is defined as a couple living together for two years, after which their relationship is automatically considered a common-law marriage.
Divorce by Mutual Agreement:
Colombia offers a process for simple, agreed-upon divorces, which can be resolved by the parties to the marriage and at least one attorney. Both parties must agree on all issues, and there cannot be any children involved. These divorces can occur quickly and without judicial intervention. The steps include:
- Both spouses must agree to end the marriage without disputes over assets or other matters.
- If there are no minor children, the divorce can be handled by a notary in Colombia, making the process faster than going through the courts.
- Apply to a notary through a certified divorce lawyer if both parties consent to the divorce.
- Draft the notarized documents.
Divorce through Court Proceedings:
If there are children involved or disagreements about assets or debts, a judge must be involved, and the divorce will proceed through the courts. Here are the general steps:
- Submit a valid passport and proof of legal residency or stay in Colombia.
- Provide an apostilled and translated marriage certificate (if married abroad).
- Submit legal documents related to assets, prenuptial agreements, and child custody matters.
- Official translation and notarization of documents are required for submission to Colombian authorities to ensure their legal validity.
It is highly advisable for foreigners to seek legal counsel with expertise in international divorce cases to ensure their rights are protected and that the process follows all necessary legal procedures.
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Frequently asked questions
Yes, Colombia recognizes common-law marriages and domestic partnerships, providing legal rights and obligations similar to those in a marital relationship.
A common-law marriage in Colombia is defined as a couple living together for two years or more, after which their relationship is automatically considered a common-law marriage.
Benefits of a common-law marriage include incorporation as a beneficiary of the Social Security Health System, inclusion in the Family Compensation Fund, pension substitution, and the status of heir, among others.
To certify a legal union, a couple may approach a notary to make a declaration sworn under oath, which does not constitute a marital union but can be converted to a union marital de hecho or de facto marital union.
