Difference in the divorce of civil marriage and religious marriage.
In Colombia, religious marriages have civil effects, which means that these bonds are covered by all that the civil legislation stipulates on this subject. However, it is important to note that, from a religious perspective, marriage is an indissoluble bond and, therefore, the only way to end the bond is by death or through a declaration of invalidity of marriage. In this sense, the civil effects of the marriage may end, but the religious effects may not, in case the marriage has been celebrated religiously. Therefore, it is possible to simply terminate the civil effects of marriage, but not the religious ones.
How can a civil marriage divorce be performed?
Now, the divorce of the civil marriage, if it is by mutual agreement, can be done through a notary or, if not, through the courts.
By notary: regulated by Decree 4436 of 200. In the agreement made by the notary, everything regarding the conditions that each spouse assumes with respect to the alimony, the children, and the assets is established.
Through the courts: the competent judge shall be the family court of the domicile of the defendant or plaintiff, provided that the defendant retains it. It is carried out through a verbal process of greater or lesser amount and is finalized with the divorce decree by means of which a new civil status is constituted. In the sentence, reference is made to what happens with the marital partnership, if there is a maintenance sentence and, in addition, if there are minor children, the maintenance for them, the custody and care of the minor are determined.
How can a divorce from a religious marriage be performed?
On the other hand, the procedure for divorce from a religious marriage is carried out by means of a declaration of invalidity of the marriage. This procedure declares that the marriage never existed and is carried out before an ecclesiastical tribunal. Some of the reasons for which you can apply are:
- Personal circumstance of one of the spouses that prevents the performance of the conjugal act in a natural way.
- If one of the spouses was previously related to another person.
- Consanguinity impediment.
- Presence of a defect of consent due to lack of use of reason or lack of discretion of judgment.
- For inability to assume the essential obligations of marriage for reasons of a mental nature..
- Error about people.
- Dolo provoked to obtain consent.
Among other grounds, which are found in the Code of Canon Law.
It is important to mention that after the issuance of the sentence by the ecclesiastical court, the family judge must be asked to declare it enforceable so that the religious effects of the marriage cease and the civil effects also cease.
Divorce of a civil marriage can be granted either by notarial or judicial means. On the other hand, in the case of religious marriage, one cannot speak of divorce, but rather of nullity of the marriage, which must be carried out in accordance with religious norms and before an ecclesiastical tribunal.