Draft Law on Divorce in Colombia

Divorce in Colombia – A Controversial Issue

In Colombia, divorce has been a controversial issue in recent years. For this reason, the Colombian government has presented a bill aimed at modernizing the divorce process in the country. This bill has been submitted to the Congress of the Republic and its main objective is to make the divorce process more accessible and less expensive for citizens.

Proposed Changes

Administrative Process

The bill proposes an administrative divorce process, meaning it would no longer be necessary to go to court to finalize a divorce. This would reduce costs and the time required for the process. To understand the differences between different types of divorce, you can read our article.

Unilateral Decision

Furthermore, the bill establishes that the divorce process can be unilateral, meaning that one party can request a divorce without the consent of the other party. This will allow people who want a divorce not to have to wait for their spouse to agree to the process.

Protecting the Welfare of Minor Children

Another important aspect of the bill is its focus on protecting minor children in case of divorce. The bill establishes that, if there are minor children, a parenting plan must be established to guarantee their well-being. This will include aspects such as custody, maintenance, and visitation rights. For more details, see our article on Agreements Regarding Minor Children in Case of Divorce.

Shorter Processing Times

The bill also seeks to make the divorce process faster and more efficient. To achieve this, it is proposed to reduce the deadlines for the different stages of the divorce process. If you are looking for a faster process, learn about the Step by Step for a Mutual Agreement Divorce in Colombia.

Controversies

The bill has generated significant controversy in some sectors of society. Some believe that the bill could affect the values and institution of marriage. Others, however, consider the bill to be an important advance 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. While it has generated controversy, it is important to note that this bill seeks to protect the rights of people who want to divorce and guarantee the well-being of minor children. If you are considering divorce, find out What is required for a divorce in Colombia.

Progress of the Divorce Bill in Colombia

Since its presentation to the Congress of the Republic in 2020, the bill on divorce in Colombia has progressed through the legislative process. In March 2021, it was approved in the first debate in the House of Representatives, and in May of the same year, it was approved in the first debate in the Senate of the Republic.

Criticisms of the Bill

However, the bill has generated strong criticism from some sectors of society. Some argue that the administrative divorce process could devalue marriage as an institution. Others argue that the unilateral divorce process could leave one party unprotected, especially in cases of domestic violence.

Freedom of Self-Determination and Access to Justice

In response to these criticisms, the Colombian government has stated that the bill seeks to guarantee the right to self-determination and access to justice. It has also been noted that the bill establishes mechanisms to protect the most vulnerable parties, such as minor children and those in situations of domestic violence.

Opposition to Divorce

The bill has also generated discussion regarding opposition to divorce. However, the Colombian government has stated that the bill is a matter of right and access to justice, and that the State must guarantee the rights of all people, regardless of their religious beliefs.

No-Fault Divorce in Colombia

The term “no-fault divorce” refers to the possibility of requesting a divorce without having to justify the reason for the separation before a judge. In Colombia, this type of divorce is contemplated in the divorce bill currently under legislative consideration. To understand the differences between this and other types, read about the Differences between different types of divorce.

No-fault divorce allows one party to request a divorce without having to demonstrate to a judge that there are legal or justified reasons for the separation. Currently, to obtain the divorce in Colombia it is necessary to demonstrate to a judge that there are legal grounds such as adultery, domestic violence, unjustified abandonment, among others.

With no-fault divorce, the aim is to simplify and expedite the divorce process, allowing couples to separate by mutual agreement without having to demonstrate the reasons for the separation to a judge. This type of divorce also seeks to guarantee the right to self-determination and access to justice in divorce cases.

It should be noted that, despite the criticism generated by the bill on divorce in Colombia, the inclusion of no-fault divorce in the bill has been one of the most highlighted aspects by the defenders of this legislative initiative.

Awaiting Possible Regulation

Although it remains to be defined how this type of divorce will be regulated in Colombia, it is expected that the inclusion of no-fault divorce in the law will allow Colombian couples to separate more quickly and easily, without having to justify the reasons for the separation before a judge.

In short, the divorce bill in Colombia is still progressing through its legislative process. Despite the 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 coming months, the bill will be discussed and approved in a second debate in the Congress of the Republic, and subsequently sanctioned by the President of the Republic. If you need legal assistance in this matter, consider contacting our Family Law Attorneys in Colombia.

Bibliography

• Divorce

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