What is it?
It is the process that terminates a marriage by express will of both parties.
- Notarial divorce
- 1. Is it possible to make a divorce without mutual agreement?
It is not possible by Notary. You must go to a family judge.
- 2. What are the grounds for divorce in Colombia?
Any illness or serious or incurable abnormality, physical or mental, of one of the spouses, that endangers the mental or physical health of the other spouse and precludes the marital community.
Conducts that corrupt or pervert the care and living of one of the spouses, a descendant, or persons under the same roof.
Examples: Extramarital sexual relations, breach of duties as a spouse or as a father, physical and psychological abuse, habitual drunkenness, habitual use of psychoactive substances.
- 3. What documents are necessary to start a divorce process?
Authenticated copy of the Birth Certificate of the spouses and minor children (in case of having them), authenticated copy of the Civil Marriage Registry, photocopies of the citizenship cards, IDs, petition and divorce agreement prepared by a lawyer, agreement of divorce elaborated by lawyer. If there are minor children, the agreement must be sent to Family Welfare (ICBF) for approval.
- 4. What happens if the couple has assets in common?
Of all the material goods acquired in the conjugal partnership (houses, cars, shares or credits) the following documents must be attached:
- Writing or property title.
- Peace and save of property tax and valuation.
- 5. What happens if one of the spouses is a foreigner?
Documents of foreign origin must be legalized (apostilled and/or translated).
- Authenticated copy of the civil registries of both parties.
- Citizenship card of both parties (in the case of Colombians). Immigration card or passport (if one of them is a foreigner).
- Authenticated copy of the civil marriage registry.
- Application for divorce.
- If there are children, a copy of the civil registers, food agreement and concept of the family defender on the agreement.