Effects of the celebration of the marriage

Published on: October 23, 2023

Reading time: 3 min

Effects of the celebration of the marriage

Marriage is a fundamental institution in Colombian society that establishes a legal and emotional bond between two people. Upon marriage, a series of personal and patrimonial effects are generated that affect the spouses and their environment.

Personal

All those consequences that arise in relation to the spouses, the assumption of reciprocal obligations and rights between the contracting parties are considered.

Change of marital status: Marriage generates a change in the marital status of the parties to married.
Spousal debit: contemplated in article 113 of the Civil Code. This effect refers to the duty that arises between spouses to satisfy different needs of different order (affective, emotional, intellectual, sexual). This marital duty is the duty of spouses to have sexual relations.
Fidelity: Article 176 of the Civil Code. The spouses have the obligation to keep faith with each other, otherwise it is possible to file for divorce on this ground. It is important to mention that there are two types of infidelity, namely, moral or social infidelity, which involves certain behaviors or relationships with third parties without the need to prove extramarital sexual relations, and material infidelity, which refers precisely to extramarital sexual relations.
Coexistence: refers not only to sharing the same physical space, but also to sharing moral and spiritual values, among others.
Relief and mutual aid: relief is thought of more in terms of food obligation but also refers to being there in difficult times. Failure to comply with this duty may result in a divorce action.
Respect: refers to physical, psychological and emotional.

With respect to third parties

Filiation: those conceived before marriage and born during marriage and even children conceived and born before marriage may be matrimonialized by the marriage of the couple.

If they are children conceived before marriage, but they know of the pregnancy and they marry and the child is born in wedlock, matrimonialization will occur.
If they are children conceived, born and recognized before the marriage, they can also be matrimonialized with the subsequent marriage of the couple.
If the children are conceived, born and recognized before marriage. The children shall be designated in the public deed or marriage certificate.

Patrimonial

Maintenance obligation: legal duty imposed on one person to ensure the subsistence of another.
Property Regime: In Colombia, there are different property regimes that regulate the administration of assets during the marriage. The marital partnership regime is the default legal regime, where the assets acquired during the marriage are considered common property of the spouses, with some exceptions. However, it is possible to opt for other regimes, such as separation of property, by prenuptial agreement.
Inheritance and succession: Marriage establishes inheritance and succession rights between spouses. In the event of the death of one spouse, the other spouse is entitled to a share of the estate, depending on the property regime and the existence of children.

In conclusion

Marriage in Colombia has significant personal and property effects. On a personal level, it implies a change of marital status and establishes reciprocal rights and duties between the spouses. At the patrimonial level, marriage regulates the administration of assets and the economic obligations of the spouses.