Divorce in Colombia – Controversial Topic
In Colombia, divorce has been a controversial issue in recent years.
For this reason, the Colombian government has presented a bill that seeks to modernize the divorce process in the country.
What is proposed?
The bill proposes that the divorce process be administrative, i.e., it is not necessary to go before a judge to carry out the divorce process.
This will reduce the costs and time required to carry out a divorce proceeding.
In addition, the bill establishes that the divorce process may be carried out unilaterally, i.e., one of the parties may request a divorce without the consent of the other party.
This will allow people who want to divorce not to have to wait for their spouse to agree to the process.
Another important aspect of the bill is that it seeks to protect minor children in case of divorce.
Ensures the welfare of minor children
The bill establishes that, in the case of minor children, a parenting plan must be established to ensure the well-being of the minors.
This will include issues such as custody, support and visitation.
Less time in the process
The bill also seeks to make the divorce process faster and more efficient.
To achieve this, it is proposed that the deadlines for the completion of the different stages of the divorce process be reduced.
It is important to note that this bill has generated great controversy in some sectors of society.
Some consider that the bill may affect the values and institution of marriage.
Others, however, consider the bill to be an important step forward in terms of rights and access to justice.
Increased Access and Modernization of the Divorce Process
The bill on divorce in Colombia seeks to modernize and make the divorce process more accessible in the country.
Although it has generated controversy, it is important to keep in mind that this bill seeks to protect the rights of people who want to divorce and to guarantee the welfare of minor children.
Progress on the Divorce Bill in Colombia
Since its presentation before the Congress of the Republic in 2020, the bill on divorce in Colombia has advanced in its legislative process.
In March 2021, it was approved in first debate in the House of Representatives, and in May of the same year, it was approved in first debate in the Senate of the Republic.
However, the bill has generated strong criticism from some sectors of society.
Some argue that the administrative divorce process may make marriage less valued as an institution.
Others argue that the unilateral divorce process may unprotect one of the parties, especially in cases of domestic violence.
Self-Determination and Access to Justice
In response to these criticisms, the Colombian government has pointed out that the bill seeks to guarantee the right to free self-determination of individuals and access to justice.
In addition, it has been pointed out that the bill establishes mechanisms to protect the most vulnerable parties, such as minor children and persons in situations of domestic violence.
Opposition on Divorce
The bill has also generated discussion around the opposition on divorce.
However, the Colombian government has pointed out that the bill is a matter of law and access to justice, and that the State must guarantee the rights of all persons, regardless of their religious creed.
Free Divorce or Incausado Divorce in Colombia
The term “free divorce” or “uncontested divorce” refers to the possibility of filing for divorce without having to justify the cause of separation before a judge.
In Colombia, this type of divorce is contemplated in the draft law on divorce that is currently in the legislative process.
The free or uncontested divorce allows one of the parties to file for divorce without having to prove before a judge that there are legal or justified causes for the separation.
At present, in order to obtain a divorce in Colombia, it is necessary to demonstrate before a judge that there are legal causes such as adultery, domestic violence, unjustified abandonment, among others.
The free or uncontested divorce seeks to simplify and expedite the divorce process, allowing couples to separate by mutual agreement without having to prove before a judge the causes of the separation.
This type of divorce also seeks to guarantee the right to self-determination and access to justice in divorce cases.
It is worth noting that, despite the criticisms generated by the bill on divorce in Colombia, the inclusion of free or uncontested divorce in the bill has been one of the most outstanding aspects by the supporters of this legislative initiative.
Awaiting possible regulation
Although it has yet to be defined how this type of divorce will be regulated in Colombia, it is expected that the inclusion of free divorce in the law will allow Colombian couples to separate more quickly and easily, without having to justify the causes of separation before a judge.
In summary, the bill on divorce in Colombia continues to move forward in its legislative process.
Despite criticism and controversy, the bill seeks to guarantee the right to self-determination and access to justice in divorce cases.
It is expected that in the next few months, the bill will be discussed and approved in the second debate in the Congress of the Republic, and that it will be subsequently sanctioned by the President of the Republic.