Family Law in Colombia
The family is the essential nucleus of society and a legal and historical institution.
In fact, Article 42 of the 1991 Constitution defines it and in the Civil Code we find regulations that speak of the family.
In this sense, family law is a branch of law that has taken on great importance because it seeks the protection of this nucleus and its members.
This right is composed of an objective and a subjective right.
The first refers to the set of norms that regulate the family institution, which in general are imperative with a high moral ethical content, and the subjective sense refers to the faculties that individuals have to enforce their rights.
Topics covered by Family Law
Some of the topics that are part of Family Law are:
Marriage and its Effects:
It includes premarital acts, rituals, registration of marriage, personal and patrimonial effects, elements of existence, validity and opposability, divorce, separation of bodies both de facto and judicial and separation of property.
These are those that arise with the death of a person (causer) for the persons expressly contemplated by law.
is the kinship relationship between parents and children that produces a series of obligations and rights. It includes topics such as adoption, parental rights and maintenance obligations.
It is the legal status of a person within the family and society which determines his or her capacity to exercise certain rights and contract certain obligations. (Article 1 decree 1260 of 1970)
The Common-law Marital Union:
It is the union that is given without a solemn bond between the parties and that has effects for them. The requirements for contracting it are: community of life, uniqueness and permanence.
In Colombia there are law firms specialized in Family Law such as Servicio Legal SAS in the city of Medellin.
In conclusion, family law is an area of law that regulates one of the most important institutions within society and seeks the protection of individuals and relationships within this nucleus, therefore the nature of the rules that comprise it are of public order, which means that the autonomy of private will has many restrictions and in case of any dispute regarding the issues covered by this specialty is best advised by a lawyer.