Requirements to perform a civil marriage in Colombia

Marriage is an act that unites two people who love each other and wish to share the rest of their lives together. However, when we talk about civil marriage, we are referring to this same union, which grants couples certain rights, duties, and obligations. To learn more about the effects of celebrating a marriage, you can consult our related article.

It is very important to know that, before starting with all the preparations, decorations, reception venue, food, drinks, and more; future spouses must gather a series of documents that will allow them to celebrate a civil marriage in Colombia.

If, as a couple, you have already made the decision to get married, and you want to know what requirements you must meet to perform a civil marriage in Colombia, continue reading this blog.

Preliminary Considerations

Each couple's situation is different; the state is aware of this. Therefore, depending on the case, couples need to gather and submit a series of specific documents that certify them as eligible to marry.

It is also a good solution to call a notary and ask about all the documents and requirements you must submit; this way, you can save yourself a headache or two.

Now, in this article, we want to share with you the documents that are required to be submitted so that a couple can perform their civil marriage in Colombia.

Requirements for First-Time Couples

The basic requirement for two people to perform a civil marriage in Colombia is that they do so freely, consciously, and without any pressure or obligation.

For this, the people who are going to get married must take the following documents to the notary:

• Birth certificate of both individuals, duly authenticated (authentication must not be older than 90 days). For more information on this document, consult our article on Civil Registration in Colombia.
• Copy of the national identity card of both parties.
• Submit the marriage application in person.

All these documents must be submitted in person. If one of the parties cannot submit them, they can send them with a third party through a power of attorney.

Requirements for Minor Couples

Love has no age limit, and this is supported by Article 117 of the Colombian Civil Code, which states:

Minors of the age expressed cannot marry without the express written permission of their legitimate or natural parents. If one of them has died, or is unable to grant this permission, the consent of the other will suffice; and if they disagree, the father's will will prevail in any case.

Under the same terms of this article, the consent of both adoptive parents is required for the marriage of an adoptive child under the age of twenty-one years, or an adoptive daughter under the age of eighteen.*

So, if you are a minor (between 14 and 17 years old) and wish to marry your partner, you must have written permission from your parents, who approve of the union and give permission to perform the civil marriage in Colombia. You can find more details about this requirement in our article on Permission to celebrate marriages with minors.

Requirement for Couples with Minor Children from a Previous Union

If one of the partners has children from a previous relationship, in addition to presenting their birth certificates and national identity cards, they must also submit:

• Birth certificate of the minor children.
• Solemn inventory of assets.

The solemn inventory of the marital property of the marital partnership is a procedure that seeks to protect the assets of minor children. This document is requested for people who want to marry for the second time, which allows them to manage the assets of the minor child from the previous marriage.

This document can be requested from a family court judge, who will assign a curator in charge of identifying the assets of the minor child and carrying out the inventory.

Requirements for Couples with Children in Common

There are cases where couples first have children and then decide to get married. If this is your case, you must submit the following documents to the notary:

• Birth certificate of both individuals, duly authenticated (authentication must not be older than 90 days).
• Copy of the national identity card of both parties.
• Authenticated copy of the children's birth certificate, regardless of their age, to carry out the corresponding legitimization.

Requirement for Couples Marrying for the Second Time

Things may not always work out, but everyone can have a second chance. If you are going to get married again in Colombia, you must present the following documents:

• Birth certificate of both individuals, duly authenticated (authentication must not be older than 90 days).
• Copy of the national identity card of both parties.
• Civil registry of the previous marriage with a note indicating the termination of the marriage, for the divorced person.
• Dissolution and liquidation of the marital community property of the divorced person. You can find more information about this process in our article on Liquidation of the marital or patrimonial property company.

If the person who wants to get married is widowed, they must also present the death certificate of the spouse.

Requirement for Couples Marrying for the Second Time with Minor Children

If you want to remarry but have minor children from your previous relationship, you must submit the following documents:

• Birth certificate of both individuals, duly authenticated (authentication must not be older than 90 days).
• Copy of the national identity card of both parties.
• Civil registry of the previous marriage with a note indicating the termination of the marriage, for the divorced person.
• Dissolution and liquidation of the marital community property of the divorced person.
• Birth certificate of the minor children.
• Solemn inventory of assets.

If the children from the previous relationship are of legal age, you only need to present their birth certificate; the solemn inventory of assets is not necessary.

Requirement for Foreign Couples

Love knows no borders, and if you want to formalize your civil marriage of foreigners in Colombia with a foreign partner, you must submit the following documents:

• Birth certificate of the Colombian partner, duly authenticated (authentication must not be older than 30 days).
• National identity card of the Colombian partner.
• Birth certificate of the foreign partner, apostilled and original (if the mother tongue of the foreign partner is not Spanish, it must be duly translated).
• Certificate of singlehood of both partners.
• Visa or entry permit to Colombia for the foreign partner.
• Passport or foreign national identity card of the foreign partner.

If the foreign partner is divorced, they must submit the apostilled divorce decree, and translated if it is not in Spanish. Keep in mind that the required documents for the foreign partner must not have an issuance date older than 90 days.

Equal Civil Marriage in Colombia

Since April 26, 2016, people belonging to the LGBTIQ+ community can contract Marriage and Domestic Partnership for Same-Sex Couples in Colombia. This made Colombia the 4th country in Latin America where LGBTIQ+ couples can contract civil marriage.

The law also declared that all notaries in the country are authorized to receive marriage applications from this community, and are obliged to accept them. If any rejection occurs, a constitutional protection action can be accessed. To learn about the grounds for non-existence and nullity of marriage, consult our article.

LGBTIQ+ couples who want to contract civil marriage in Colombia must submit the same documents as heterosexual couples, so these couples must also assess their case and submit the required documents presented in this blog. Do not forget the importance of Marriage registration.

If you have any other questions about civil marriage in Colombia, at Servicio Legal we can help you. We have Lawyers Specialized in Family Law who can provide you with advice. You just have to contact us through our website by clicking here.