Civil marriage of foreigners in Colombia

Civil marriage of foreigners in Colombia

Colombia is a country that has become an attractive tourist destination for foreigners, thanks to its hospitality, pleasant climate and rich culture, for these and more reasons thousands of foreigners decide to visit Colombia, sometimes they even fall in love with the country, which leads them to live in it and / or to celebrate important moments of their lives in Colombia.

If you are a foreigner in Colombia and wish to have the opportunity to marry your partner in Colombian territory. Today we will explain how to contract a civil marriage for foreigners in Colombia.

What is a civil marriage of foreigners in Colombia?

Marriage is defined in the Civil Code as a solemn contract, which is constituted by the free and mutual consent of the contracting parties before the respective official.

In Colombia it is possible to contract a civil marriage before a judge, as contemplated in the civil code (articles 129 and following), before a ship’s captain, according to article 1499 of the commercial code, and, finally, the most commonly used option, which is before a notary public, regulated in decree 2668 of 1998.

It should be recalled that in judgment SU-214 of 2016 it consolidated that every person has a constitutional right to constitute a family, regardless of their sexual orientation or gender identity.

Therefore, it is possible to affirm that in Colombia the right of same-sex couples to marry under the same conditions as heterosexual couples is guaranteed, being that all this guide is applicable to egalitarian marriage, but in case you want more information you can enter the following booklet produced by Colombia diversa.

Relevant documentation for a civil marriage of foreigners in Colombia

• Apostilled certificate of single status not older than three months. If it is in a language other than Spanish, an official translation must be submitted.
• Photocopy of passport.
• If you have children in common, attach a certified copy of the birth certificates.
• Written request before the notary by both interested parties or through their attorneys-in-fact, indicating that they have no legal impediment to contract marriage.
• If the foreigner is not in Colombia to submit the application, he/she must also send a special power of attorney, which must be authenticated before the Consulate, translated and apostilled.
• If it is a case of remarriage, attach an authentic copy of the civil registry of birth and marriage, with the respective inscription of the divorce of the civil marriage or the cessation of the civil effects of the Catholic marriage with its respective dissolution and liquidation of the conjugal society or the civil registry of death of the spouse if it is the case.
• Authentic copy of the apostilled civil registry of birth, not older than three months from its date of issuance and including all annotations of previous civil status to establish that there are no impediments to remarriage.
• Residence and domicile in Colombia for at least 6 months.
• Their stay in the country must be regulated.

Other recommendations

The first thing that must be done to perform the marriage of two foreigners in Colombia is to present before a notary or municipal civil judge an authenticated written request of civil marriage, this must contain the full name of the persons that conform the couple, the identity documents of the couple, the place of birth, age, occupation, domicile or place of residence of the contracting parties, indicate if they have children of legal age or minors, affirmation that they do not have legal impediment to contract marriage and finally, that this marriage is of their free and spontaneous will. The above mentioned documents must be attached to this document.

After the presentation, an edict is sent to the competent official of the civil registry of the foreigner’s place of birth, which will be posted for five working days. Upon expiration of the term for the posting of the edict, if no opposition has been filed, the date of the hearing for the celebration of the civil marriage will be set.

It is not possible to guarantee any term or date for the celebration of the matrimonial hearing until the consular procedures have been fully completed, since depending on the country to which the edict is addressed, this may take from 1 to 6 months. The procedure is handled by the notary’s office through the Consulate closest to the corresponding office.

How much does it cost to perform a civil marriage of foreigners in Colombia?

The value of the civil wedding would be a total of approximately 100,000 to 150,000 Colombian pesos, this contemplating other expenses, such as copies of the deed, edicts, mailings, authentications and other expenses. This according to Diego Rojas, notary of Notary Office 37 of Bogota, in the article published by Asuntos Legales.

Remember that although this procedure does not require an attorney, it is advisable to consult with an attorney knowledgeable in family law.