If you want to know the Requirements for Divorce in Colombia, do not stop reading this article. Since through it you will have current and accurate information.
We will also explain the types of divorce, costs and causes, among other points.
Requirements for divorce in Colombia
Below we detail the Requirements for divorce in Colombia. These are:
- Present the civil registration of birth of both interested parties.
- The copy of the marriage certificate.
- A power of attorney that authorizes the lawyer to manage the divorce before a notary public.
- The documents or certificate of petition for divorce. It must be done by the lawyer that has been hired.
- Documentation that reflects the divorce agreement the couple reached.
- The copy of the identification card of those involved.
There is the Mutual Agreement Divorce, which is a very simple procedure. The petition is made before a judge. Within this divorce are two variables:
The first variable is, when there are no children or assets to enter into discussion. It is not essential that both stakeholders are present to do the management. It can be done through a lawyer as a proxy.
And the second variable is, when there are goods and children to get into discussion. Those involved must reach an agreement, with respect to the alimony that must be provided by the non-custodial parent. Likewise, the percentage that each person has for the goods obtained during the marriage.
Requirements if there are children
Within the Requirements for Divorce in Colombia when there are children, the following are found:
- Consign the civil registration of the birth of the descendants.
- In the event that there are minor children, they must agree on how the visitation regime will be. Food and custody of the child or children.
- Determine which of the parents will be in charge of the custody and care of the children. You may come in here and you will find a guide on child custody.
- Stipulate the quota with respect to food, this in accordance with the law. As well as, for health, housing payments (such as rent), recreation, public services and education.
- Establish the visitation regime to which the parent who does not live with the minors is entitled. This must be detailed, if it is every fifteen days, every weekend, at the end of the year and on holidays.
- The increase that the annual fee for food will have. This should not be less than the CPI (Consumer’s price index), enacted by the government each year.
How long does the Divorce process take in Colombia?
The time that the divorce process lasts in Colombia depends on two main reasons:
As there are minor children in the marriage, the term of the term is thirty days. Because the notary must inform the family defender about the process that is going to be carried out.
In turn, he has fifteen days to respond. If there are no children in the marriage, the time limit of the management is ten days. This process can even be completed in fewer days.
Step by step for Divorce in Colombia
Divorce in Colombia is applied in an express or notarial manner. When the interested parties reach an agreement and want the procedure to last as little as possible.
All management will be done through a lawyer. This will talk with each one, so that they reach an agreement. This agreement will be legalized at the notary’s office through a public document.
The steps to follow when the divorce is handled in a notarial manner, are the following:
Notarial or express divorce process, when the couple has no property or children
A lawyer must be hired, because the laws in Colombia establish that divorces by a notary’s office must be done with the advice of a qualified lawyer.
When the attorney has the power of attorney, you must begin to write the divorce agreement. Likewise, the petition for marital separation before a notary chosen for the process. Verify that you have all the necessary requirements for the Mutual Agreement Divorce.
Taking all the required precautions in accordance with the Law, these must be presented at the notary’s office. Then the notary will verify that all requirements have been met. If they are complete, you will continue with the process to formalize the interruption of civil effects during the marriage.
In addition to the aforementioned, the lawyer must send a report to the notary where the marriage was settled. Also to the notaries where the civil registration of births of each interested party is established. This for the respective modifications.
Notarial or express divorce process, when the couple has minor children
With the advice of the lawyer, the people involved must add the agreement to which they arrived, on the custody and visitation regime of minor children.
Therefore, the notary’s office must send the corresponding agreement to the children, to the family defender’s office. It can be to the nearest or to the Family Welfare Institute (ICBF).
At this point, the management will take thirty more business days. Since this is the legally established period, for the approval of the agreement on the food quota, the visitation regime and the custody of the children.
If the family defender does not approve the agreement presented, the lawyer must respond to the requested corrections, which causes the delay in the process. This extra procedure is performed to guarantee the rights of children minors. These are regulated by the Childhood and Adolescence Code.
Extra notarial or express divorce process, when the marriage has debts or material assets
When those involved have debts or material assets, an extra procedure of interruption and liquidation of the property company before a notary.
The liquidation must reflect all material assets and debts, from the marriage until the day the divorce is finalized. Enter this link for more information about it.
How much does the Divorce process cost in Colombia?
The cost of the divorce process in Colombia depends on whether the interested parties have minor children, with a disability, or both, or if they have material assets.
Below we will detail the costs that you must take into consideration, depending on each case:
Notary Costs: They range from $ 200,000 to $ 350,000 pesos. This procedure can be carried out in a court, there they do not charge for this service.
However, it does not matter where the diligence is carried out, in the same way, must pay the lawyer hired for professional fees. These are:
- Attorney’s fees, according to the rates issued by CONALBOS (National Bar Association). Which consists of three minimum salaries per month. It is advisable to review the costs with different attorneys, to obtain the best cost.
- When having material goods, the rights by notary of these must be added, and the 4 × 1,000 of the assets minus the liabilities.
- If they have minor children, between $ 300,000 and $ 500,000 pesos must be added, according to what the family court charges to manage the custody of the children.
What is a Divorce?
A divorce is the interruption of marriage, or the expiration of the personal and economic nexus of the parties. There are different ways to dissolve the marriage. These have their own consequences.
When the interruption is legal: It refers to the breakdown of the parties without separation of the bond, due to alleged death and dissolution of the union.
When the interruption is Natural: It is valid when one of the members dies.
On the other hand, there are some grounds for divorce. And one of the spouses can expose in front of a judge, that he wishes to divorce because his partner has broken any of the legal justifications, to rule in his favor.
Between the grounds for divorce we have the following:
- Sexual encounters extra-marital status of one of the spouses.
- The serious and unjustified violation of the corresponding duties established by law, as a couple or parent, by any of the parties.
- Torts, mistreatment and actions of abuse.
- Problems of alcoholism or constant drunkenness of any of the members.
- Frequent consumption of narcotic substances, without a medical mandate.
- Any terminal or severe mental or physical illness of either spouse. Which puts the life or health of the other member at risk and prevents healthy coexistence.
- The behavior of any of the members, which incites to harm the other, a child or someone who is under their protection and lives in the same house.
- When there is a separation of bodies, either in fact or judicially for a period of time greater than two years.
- The approval of the parties, presenting in front of a suitable judge distinguished by him through a sentence.
- Out of jealousy.
When you see it necessary to interrupt your marriage, it is necessary that you gather all the Requirements for Divorce in Colombia.
Although we recommend going to a lawyer, we hope we have given you basic guidance on this issue.
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