Prenuptial Agreements in Colombia: What Are They?

When entering into marriage or establishing a de facto marital union, an institution called the marital partnership is created. This partnership automatically includes all salaries, earnings, fruits, pensions, interest, and profits from both personal and shared assets, as well as all movable and acquired onerous-title property—unless otherwise agreed upon through prenuptial agreements in Colombia.

Prenuptial agreements in Colombia are contracts established before marriage or the formation of a de facto marital union to prevent future conflicts regarding assets acquired by either party during the relationship in the event of a possible divorce or separation. These agreements streamline the liquidation process, avoid disputes, and even prevent legal proceedings by predetermining how the partnership will be dissolved and assets divided—or by ensuring the partnership is never formed, meaning the assets remain separate.

Provisions

As outlined above, the agreements may stipulate concessions or donations that the parties wish to make to each other, such as waiving future gananciales (a share in the marital partnership's assets) that the respective spouse or permanent partner might be entitled to. They may also include specific and detailed provisions regarding certain assets, but these must always pertain solely to financial matters.

According to Judgment SC2222-2022 of July 13, 2020, prenuptial agreements in Colombia can either regulate assets within the future marital partnership or completely prevent its formation, keeping each party's assets within their respective estates.

How Is the Process of Establishing Prenuptial Agreements in Colombia?

• By private deed: Signed by the spouses or permanent partners and three witnesses. This is only valid if the total value of their assets does not exceed one thousand pesos (in current value) and does not include real estate.
• By public deed before a notary: The cost is determined by notarial fees, typically 0.4% (4×1000) of the property's cadastral appraisal.

The agreements become valid as of the date of marriage or the establishment of the de facto marital union.

Can Prenuptial Agreements in Colombia Be Modified?

The terms of the agreement may be modified until the marriage or de facto union is formalized, following the same procedure as its creation. Afterward, modifications are not permitted, even with mutual consent from both spouses or permanent partners.