What happens legally after divorce

Published on: November 16, 2023

Reading time: 2 min

After a divorce in Colombia, there are a series of legal effects that affect the parties involved and various aspects of their lives. Some of the most relevant legal effects are described in detail below:

Dissolution of the marriage bond

Divorce ends the civil marriage, which means that the spouses are legally separated and no longer have the obligation to live together or maintain a marital relationship.

New marital status

Once the divorce is finalized, the spouses acquire a new marital status. They go from being “married” to “divorced” in legal terms, which has implications for various aspects of their social and legal lives.

Separation of assets

In Colombia, divorce entails the liquidation of the marital partnership. This implies that the assets and properties that were acquired during the marriage are distributed between the spouses according to the rules established in the Civil Code. Each spouse retains the property to which he or she is entitled, and the division and allocation of community property is carried out.

Child custody and visitation

If minor children or dependents are involved, the divorce will determine custody and visitation. The spouses may agree by mutual consent to joint custody or sole custody for one of the parents. If no agreement is reached, the family judge will decide on custody and establish an appropriate visitation regime.

Food obligations

After divorce, spouses may enter into agreements regarding child support for minor or dependent children. This includes the economic contribution to cover their basic needs, such as food, education and health. In case of disagreement, the judge may determine the amount and form of payment of alimony.

In addition to all the above effects, there may also be revocation of donations made during the marriage and recognition of damages if the cause of the divorce was due to abuse. This consequence was recognized through case law in 2020.

In conclusion

Eivorce in Colombia entails a series of legal consequences that affect various aspects of the lives of the spouses once the marriage is dissolved. These consequences range from the division of property and assets, the determination of custody and visitation of the children, to the settlement of debts and changes in inheritance rights and economic benefits.