DIVORCE LAWYER IN COLOMBIA – AN OVERVIEW ON THE LAW
The cause for the divorce should be established to apply for divorce in Colombia. Article 154 of the Colombia Civil Code establishes the multiple grounds for marriage dissolution. The judge may reject your case if the cause is not listed in the Code. The reasons for marriage termination may be diverse but the law has bundled it up in the Civil Code to make it simple for the system. The Law Offices of SRIS, P.C. has experience in the Colombian Civil Code and our learned divorce lawyer in Colombia is skilled in helping you achieve your goal.
The Colombian family law is based on the Civil Code, the 1991 constitution, and other pieces of legislation. In Colombian family law, both parents have equal rights to the child, irrespective of whether they are married or living together. In case of dissolution, the jurisdiction is expansive and could even take into consideration an English couple who have lived in Colombia. Moreover, the proceeding can be initiated by your lawyer in both Colombia and the other jurisdiction and the court cannot deny dealing with the proceeding as long as it is constituted in Colombian law. If you are applying for marriage termination, contact your lawyer in Colombia immediately.
The couple can engage a divorce lawyer in Colombia to sign a capticulaciones matrimoniales or prenuptial agreement before the before to limit the assets that will go into the sociedad conyugal or the marital pot, thereby removing the right to claim the marital assets of the other party. The civil jurisdiction does not take the concept of need while dividing assets and it depends on the prenuptial agreement and the title deed. Your divorce lawyer in Colombia can draft the agreement as per the requirements of law.
When it comes to the condition relating to the capticulaciones in force in a Colombian court, the couple should take the advice of a divorce lawyer in Colombia either in joint or individually. The couple, along with the help of their divorce lawyer in Colombia, can decide what should go into the marital pot or sociedad conyugal. Your divorce lawyer in Colombia will tell you that there is no need for complete disclosure as pre-acquired assets need not go into the marital pot. Similarly, any inheritance of gifts will not form the marital pot even though they are acquired post-marriage, irrespective of what is mentioned in the prenuptial agreement or capticulaciones matrimoniales. Such assets are the personal property of the owner and need not be partitioned. Though, one cannot discount pensions while deciding on the marital assets.
The capticulaciones matrimoniales can be signed any time and there is no prescribed period mentioned in the civil code, though your divorce lawyer in Colombia will inform you that signing the prenuptial agreement closest to the wedding day is advisable. This way the probability of setting aside the agreement on the basis that one of them is not aware does not arise. It may be added that the capticulaciones matrimoniales signed abroad have legal force in Colombia if it does not breach the civil code and policy in the country and your divorce lawyer in Colombia can fulfill the prerequisite of law.
Reasons for divorce
Some of the causes that lead to filing dissolution with the help of a divorce lawyer in Colombia are listed herein:
- The divorce lawyer can initiate a proceeding if either of the spouses is involved in an extramarital affair
- The divorce lawyer can initiate a proceeding if either Breach of duties as a spouse or parent like domestic violence, assault, battery, mistreatment.
- The divorce lawyer can initiate a proceeding if either of the spouses is involved in the habitual use of narcotics, alcohol, or other hallucinogenic substance except under the medical prescription.
- The divorce lawyer can initiate a proceeding if either of the spouses is seriously illness physical or mental, endangering the health of the other spouse making it impossible to fulfill the marital obligations.
- The divorce lawyer can initiate a proceeding if either of the spouses is in the conduct perverting the household members in their care
- The divorce lawyer can initiate a proceeding if either of the spouses is living in separation lasting more than two years either judicially or de facto.
- The divorce lawyer can initiate a proceeding if both the parties in the marriage have consented to dissolution and agreed by the judge and recognized in a decree.
The affected spouse may apply for dissolution within a year of being affected by any of the above causes with the assistance of a lawyer. The Civil Code prescribes specific limitations on time that allow a spouse to sue another for a certain cause of dissolution. Your lawyer can explain the limitations.
The divorce lawyer in Colombia accompanies you in all the proceedings. The couple can terminate their marriage through mutual consent within 2 weeks of filing the petition for dissolution of marriage.
The causes for dissolution in Colombia are umpteen and include the Civil Code Article 154. Ask your lawyer in Colombia to explain the civil code to you. The grounds have to be proven by the contending spouses beyond doubt with evidence as established by the Colombian penal code to ensure it does not go against the evidence maintaining the fundamental rights.
The divorce lawyer in Colombia with ample experience in handling hundreds of dissolution cases like the Law Offices of SRIS, P.C., could be an added advantage in this regard. Moreover, the divorce lawyer in Colombia with experience in foreigner’s dissolution of marriage is always gainful. The role of the divorce lawyer in Colombia is to give effective relief for the couple who are unaware of their rights and privileges and are hesitant to move the court for ending their marriage. The divorce lawyer in Colombia assists their clients in putting up the papers and taking them through the process legally
Types of divorce in Colombia
If there is a mutual agreement, both parties have to apply to the notary through a licensed divorce lawyer in Colombia. The notarized dissolution can be of two types; one is without having children and without acquiring properties in the conjugal society. In this type of dissolution, the spouses have agreed to end their marriage and the divorce lawyer in Colombia undertakes the paperwork and the process is initiated before the notary in Colombia.
The first type is notarized dissolution without having children or community property obligations. In this case, the divorce lawyer in Colombia must submit the following deed:
- The dissolution agreement must be signed by the spouses and the power of attorney is granted to proceed with the proceeding and this includes signing the deed of divorce on the notary.
- The law of the land says that it is not mandatory for both the spouses to live in the same city or Colombia, even if either of them is outside the country, the dissolution can still happen, under certain conditions.
- When the marriage is terminated, the divorce lawyer in Colombia will also settle the community property assets. It has to be initiated as a separate process and cannot be clubbed with matrimony dissolution. Any liquidated or not owning a property reduces the assets to zero.
- Lastly, the public deed must mention the maintenance commitments among them and their coexistence in the future. This can be derived from the divorce lawyer in Colombia in connivance with the couple.
The second type is notarized dissolution with the existence of children and property in the conjugal society:
In this connection, the spouses after agreeing on terminating the marriage and the finalizing of their marital assets, involve their minor children and the whole process has to be navigated with care and the divorce lawyer in Colombia will give priority to the following:
- The agreement prepared by the divorce lawyer in Colombia must be signed by the concerned couple and the special power of attorney is granted for all notary dissolution and the couple must also sign the child support agreement. This agreement should include direct personal care and minor custody, the child’s street address, health, education, recreation, accommodation, and clothing. The value of alimony, financial obligations for the fulfillment of the needs of the minor are taken into consideration.
- The divorce lawyer in Colombia will file the subscribed food agreement between the parents along with the power of agreement to the notary who according to the legal review and after analyzing the veracity of the documents sends to the Colombian Family Welfare Institute (ICBF), which on inspecting the agreement keeping in mind the interest of the minor children take favorable decision to issue the concept. The concept is delivered within 15 working days.
- The food visitation agreement can be prepared by the divorce lawyer in Colombia to regulate the visitation rights of the parents. This is done to prevent arbitrary exercise of control over the child.