Getting married is a significant milestone in a person’s life. When tying the knot in Colombia, there are unique laws and requirements to consider. Whether you’re a Colombian citizen, a foreigner, or planning a destination wedding, it’s essential to understand Colombian marriage laws to ensure a smooth and legally valid union. This comprehensive guide will explore the various aspects of Colombian marriage laws, including civil and religious ceremonies, documentation requirements, and more.
Key Takeaways
- Couples wishing to marry in Colombia must provide required documents and announce intent for 7 days.
- Civil marriages are officiated by public notaries or civil judges. Foreigners may apply for a Colombian marriage visa provided they meet the necessary documentation requirements.
- Common law couples have similar legal rights as married couples, though the foreigner needs to wait at least one year to apply for the visa.
- Prenuptial agreements can protect assets before separation/divorce, and official translation/notarization is needed to ensure the validity of submitted documents.
Understanding Colombian Marriage Laws
Colombian marriage laws recognize both civil and religious marriages, providing couples the choice between a civil or religious ceremony. Regardless of the type of ceremony, certain documentation is required to validate one’s eligibility to wed in Colombia. For couples who have offspring prior to the union, a birth certificate and a formal record of the minor’s assets are needed.
Publishing an announcement of intent to marry for 7 days allows the public to register any possible objections.
Civil Marriage in Colombia
A civil marriage in Colombia is officiated by civil authorities, such as public notaries or civil judges. American citizens planning a civil wedding in Colombia need to provide the following documents:
- Passport
- Birth certificate (Apostilled)
- Verification of eligibility to marry or certificate of No Marriage (apostilled)
- If the applicant has been divorced, they may need to present proof of divorce. (apostilled)
All required documents must be officially translated.
Religious Marriage in Colombia
A religious marriage in Colombia is recognized, solemnized, and regulated by the principles, rituals, and customs of a particular religion, such as the Catholic Church. Nevertheless, registering the marriage with a notary is a prerequisite to ensure it holds the same legal weight as a civil marriage.
For couples who can’t travel to Colombia, a proxy wedding can be arranged in accordance with Colombian law. For instance, a Catholic wedding in Colombia requires specific documentation such as certified baptismal and confirmation certificates.
Registering a Foreign Marriage In Colombia
If you'd like to register your marriage in Colombia you'll need to follow these directions.
Obtain all legal documents to present to the National Civil Registry (Registraduría Nacional del Estado Civil), a Notary or Consulate:
- Apostilled Updated Marriage certificate in your home country no older than 3 months.
- Colombian ID for the Colombian spouse.
From there, you'll need to go to the Oficina de la Registraduría Nacional del Estado Civil, Notary or Colombian Consulate in your country to register your marriage. Once the marriage is recognized in Colombia, you'll be eligible to apply for the marriage visa.
Marriage Visa Process
The marriage visa process for foreigners married to Colombian nationals includes obtaining a Type M visa. This migrant visa grants work and residency rights for up to three years.
The minimum amount of time that must be accumulated for a marriage visa holder to become a resident in Colombia is three years.
Common-Law Marriage and Domestic Partnerships
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.
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.
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 allow 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. A de facto partnership with a Colombian is a prerequisite to acquire an M Visa.
Prenuptial Agreements in Colombia
Prenuptial agreements in Colombia allow couples to protect their assets and establish financial arrangements in case of divorce or separation. A prenuptial agreement is a convention or agreement agreed upon by spouses before the marriage, outlining the assets each party brings into the union, as well as any donations or concessions made.
The purpose of a prenuptial agreement in Colombia is to enable spouses to safeguard their individual assets and determine the distribution of property in the eventuality of divorce or separation. For a prenuptial agreement in Colombia to be legally binding, it must be formally signed in the presence of a notary public and documented.
Without a prenuptial agreement, the assets acquired before and during the marriage will be subject to Colombian laws, which may not benefit either spouse.
Divorce and Marriage Termination in Colombia
Depending on the couple's circ*mstances, divorce and domestic partnerships termination in Colombia can be achieved through mutual agreement or court proceedings. There are two types of divorce in Colombia: divorce obtained through mutual agreement or through court proceedings.
The procedure for divorce in Colombia involves several steps.
- Apply to a notary through a certified divorce lawyer if both parties consent to the divorce.
- Draft the notarized documents.
- Process the divorce through a court with a court sentence to be effective.
Colombian courts will only order payments to an ‘innocent’ spouse who has obtained a divorce decree as a result of the fault of their spouse.
Official Translation and Notarization Requirements
Official translation and notarization of documents are required for submission to Colombian authorities, ensuring their legal validity and providing a certified confirmation certificate.
Official translations in Colombia necessitate the signature and seal of a translator certified by the Universidad Nacional de Colombia, Universidad de Antioquia or Ministerio de Justicia. This requirement guarantees that all submitted documents are accurately translated and recognized by Colombian authorities.
Navigating Colombian Marriage Laws with Legal Assistance
Legal assistance from experienced attorneys can help navigate Colombian marriage laws, ensuring a smooth process for couples planning to get married in Colombia. The procedure for adhering to Colombian marriage regulations involves registering the marriage at a notary, and there are two methods of getting married in Colombia: a civil marriage conducted by a notary and a religious marriage officiated by a religious authority.
Requirements for marriage may differ depending on the notary. To ensure compliance with the relevant regulations, it’s wise to consult with a legal professional. Legal assistance can make all the difference when navigating the complex world of Colombian marriage laws and procedures.
Summary
In conclusion, understanding Colombian marriage laws is essential for both Colombian citizens and foreigners planning to get married in Colombia. From civil and religious ceremonies to documentation requirements, common-law marriages, and prenuptial agreements, being well-informed and seeking legal assistance can help ensure a smooth and legally valid union. May your journey to marital bliss in Colombia be filled with love, happiness, and legal confidence.
Frequently Asked Questions
Is a marriage in Colombia legal in the US?
Colombian weddings are legally valid in both the country of origin and in the US. As such, a marriage in Colombia should be legally recognized in the US.
Can a US citizen Marry a Colombian woman?
Yes, a US citizen can marry a Colombian. The fastest way to get married is typically for the foreigner to travel to Colombia and get married in person.
What types of marriage are recognized in Colombia?
In Colombia, both civil and religious marriages are legally recognized forms of union.
These two types of marriage have different legal implications, so it is important to understand the differences between them.
