Extrajudicial declaration

portada declaracion extrajudicial

The extrajudicial declaration in Colombia is an act by means of which a person makes a statement of relevant facts or circumstances outside the judicial sphere. It is a means of proof that has legal value and can be used in different cases and situations.

The extrajudicial declaration is characterized for being a voluntary and spontaneous act, where a person or a group of persons expose facts, events or situations of legal interest, without the existence of an ongoing judicial process. Through this statement, we seek to record the events and establish written evidence that can be used in future legal proceedings, if necessary. It is a notarial act that is given under oath, so that attesting to false facts or testimony derives in perjury, i.e., it is possible to incur a criminal act in case of not telling the truth.

The requirements are as follows:

  1. Attend the Notary’s office in person
  2. Present citizenship card
  3. Bring the written statement for review by the Notary or give the version verbally.

The information to be included in the declaration is as follows:

  1. Name
  2. Identification document
  3. Marital status
  4. Telephone and home address
  5. Object or content to be declared by means of this instrument
  6. Describe under oath the scope achieved by the law.
  7. Signatures

It is important to emphasize thatany extra-judicial statement given before a notary public is valid as evidence, and it is not mandatory that the opposing party call the witness for ratification or to controvert the testimony given.

It is an important tool for a large number of instances in which this element is required to proceed legally. Some of the most common situations in which the extrajudicial declaration is used are the following:

  • Affiliation to family compensation funds
  • Affiliations to EPS, as independent, partners and children
  • Degrees of consanguinity
  • Manifestations of unemployment
  • Certify economic dependence
  • Non-income taxpayers
  • Waiver of rights
  • Certification of bachelorhood
  • Certification of residency
  • Witnesses
  • Report income
  • Consular and visa procedures
  • Certification of disqualifications

The process is agile because once the extrajudicial declaration is finished and cancelled, it will be taken to the Notary’s office to be signed, it is delivered in approximately 15 minutes.