Family Law Attorneys in Colombia

### Family Law in Colombia The family is the essential nucleus of society and a legal and historical institution. In fact, Article 42 of the 1991 Constitution defines it and in the Civil Code we find regulations that speak of the family. In this sense, family law is a branch of law that has taken on great importance because it seeks the protection of this nucleus and its members. This right is composed of an objective and a subjective right. The first refers to the set of norms that regulate the family institution, which in general are imperative with a high moral ethical content, and the subjective sense refers to the faculties that individuals have to enforce their rights.  #### Topics covered by Family Law Some of the topics that are part of Family Law are: #### Marriage and its Effects: It includes premarital acts, rituals, registration of marriage, personal and patrimonial effects, elements of existence, validity and opposability, divorce, separation of bodies both de facto and judicial and separation of property. #### Inheritance Rights: These are those that arise with the death of a person (causer) for the persons expressly contemplated by law. #### Filiation: is the kinship relationship between parents and children that produces a series of obligations and rights. It includes topics such as adoption, parental rights and maintenance obligations. #### Marital Status: It is the legal status of a person within the family and society which determines his or her capacity to exercise certain rights and contract certain obligations. (Article 1 decree 1260 of 1970) #### The Common-law Marital Union: It is the union that is given without a solemn bond between the parties and that has effects for them. The requirements for contracting it are: community of life, uniqueness and permanence.  In Colombia there are law firms specialized in Family Law such as [Servicio Legal SAS](https://serviciolegal.com.co/family-law/?lang=en) in the city of Medellin. In conclusion, family law is an area of law that regulates one of the most important institutions within society and seeks the protection of individuals and relationships within this nucleus, therefore the nature of the rules that comprise it are of public order, which means that the autonomy of private will has many restrictions and in case of any dispute regarding the issues covered by this specialty is best advised by a lawyer. #### Cybergraphy: [ https://www.gerencie.com/prescripcion-de-los-derechos-herenciales.html#:\~:text=The%20rights%20hereto%20be%20with%20those%20defined%20in%20law%20as%20beneficiaries ](https://www.gerencie.com/prescripcion-de-los-derechos-herenciales.html#:~:text=Los%20derechos%20herenciales%20con%20aquellos,la%20ley%20define%20como%20beneficiarios). [ https://www.conceptosjuridicos.com/co/filiacion/#:\~:text=The%20affiliation%C3%B3n%20is%20the%20v%C3%ADnculo,serie%20of%20obligations%20and%20rights. ](https://www.conceptosjuridicos.com/co/filiacion/#:~:text=La%20filiaci%C3%B3n%20es

The maintenance quota is the maintenance obligation understood as the legal duty of a person to guarantee the subsistence of another, to the extent that there is economic capacity of the provider, need or economic incapacity of the person receiving the maintenance and that there is a legal relationship between the provider and the person being provided with the maintenance. This duty is not only for spouses, but also applies to: 1. Posthumous child: child orphaned before birth. 2. Nasciturus and pregnant woman: child that is is unborn child and pregnant woman. 3. Ascendants and descendants. 4. Siblings. 5. The donor of a large donation. 6. Spouse or permanent partner: initially it was only owed between spouses, but later, through case law, it was extended to permanent partners. Under this assumption, food should be provided in two scenarios: * As long as is the marriage is in force or the de facto marital union lasts. * When a divorce action is brought sanction when the divorce is the consequence of a breach of one of the couple’s duties. It is important to point out that the duration of the alimony obligation subsists despite the dissolution of the marriage bond as established in articles 160 and 422 of the Civil Code. Thus, in case of divorce, separation or termination of the life in common of the permanent partners, it is required that the innocent spouse or partner does not start marital life with another person, since in this case the right will be extinguished. On the other hand, also the death of the person being fed will always be a cause of extinction of the right of maintenance because the maximum term of duration of the obligation is the life of the person being fed, since maintenance is not transmitted by death. However, there are cases in which the maintenance obligation is not extinguished with the death of the debtor and this obligation can be transferred to another person of whom guilt cannot be predicated and as long as the circumstances of necessity subsist, maintenance will be owed for the life of the creditor. This means that the source of the alimony obligation is not only the fault of the spouse who breached the partner’s duties but also the need of the creditor spouse to receive the alimony payment and even this obligation can be part of the liabilities of the estate. ### Cybergraphy <https://www.alcaldiabogota.gov.co/sisjur/listados/tematica2.jsp?subtema=32668&cadena=m> <https://blog.legis.com.co/juridico/obligacion-alimentaria> <https://www.notaria19bogota.com/cuota-alimentaria/> <https://www.portafolio.co/economia/finanzas/el-divorcio-un-gasto-que-le-puede-durar-toda-la-vida-528427>

The issue of whether or not children should pay child support to their elderly parents has generated debates and conflicting opinions over time. As the population ages and caregiving responsibilities increase, the question arises as to the economic contribution of children to their parents at this stage of life. At [Servicio Legal](https://serviciolegal.com.co/), we tell you about the different points of view and considerations surrounding this issue, analyzing both legal and ethical aspects.  ## Legal framework in Colombia First, it is essential to understand the legal framework in Colombia in relation to the child support quota for elderly parents. According to the Colombian Civil Code (Article 411), children have the obligation to provide maintenance to their parents. **in case of need**The company’s employees are not entitled to the benefits of the program, as long as they do not have sufficient means to subsist on their own. This is based on the principle of family solidarity and seeks to ensure that elderly parents receive the necessary care and support. ### Considerations and exceptions  * **Financial situation of the parents:** The obligation of the children to pay to pay child support to their elderly parents is conditioned by the **is conditioned by the economic situation of the parents.**. If the parents have sufficient resources to cover their basic needs, the children may not be legally obligated to contribute financially. However, if the parents lack the means to support themselves, the children may have the responsibility to provide a child support payment. * **Economic capacity of the children:** In addition to the economic situation of the parents, the economic capabilities of the children must also be considered. If the children do not have sufficient means to meet a child support payment, they may apply to the competent authorities for an exemption. In these cases, the financial capacity of the children will be evaluated and it will be determined whether they are in a position to assume this obligation. [I WANT ADVICE](https://web.whatsapp.com/send?phone=573003884986&text=Hola,%20%C2%A1Me%20gustar%C3%ADa%20hablar%20con%20un%20abogado!) ### Aspects to be taken into account regarding the child support quota in Colombia * **Case-by-case evaluation:** The determination as to whether children should children must pay child support to their elderly parents in Colombia is made on a case-by-case in Colombia is made on a case-by-case basis, taking into account the particular circumstances of each **particular circumstances of each family** and the needs of the elderly parents. * **Financial means of the parents:** It is important to assess whether the parents have the necessary resources for their support before demanding child support. * **Dialogue and mutual agreement:** On many occasions, the determination of an alimony quota is achieved through dialogue and mutual agreement between parents and children, taking into account the economic possibilities of both parties.  ### Legal Services, [ lawyers with expertise in family law ](https://serviciolegal.com.co/abogados-especialistas-en-derecho-de-familia/) At Servicio Legal we have lawyers who are experts in different branches of law, always seeking to respond to the needs and requests of our clients with a quality service. Contact [ us](https://serviciolegal.com.co/soporte/) now for more advice on child support.

**Agreements regarding minor children in the event of divorce** In Colombia, in case of divorce and there are minor children involved, the law establishes the importance of reaching clear and fair agreements in relation to the children, always prioritizing their welfare and protection. In this sense, there are some basic agreements to be reached, under the supervision and approval of a family defender, who will be notified by the notary of the agreement reached by the spouses. The family ombudsman shall issue his opinion within fifteen days of notification. The legally supported observations made by the Family Advocate regarding the protection of minor children shall be incorporated into the agreement, if accepted by the spouses. Otherwise, it will be understood that they have withdrawn from the execution of the Public Deed, and the documents of the interested parties will be returned, under receipt. On the other hand, if the family defender has not provided his opinion within said term, the notary shall leave a record of such circumstance, authorize the deed and send a copy at the expense of the interested parties. ## The agreements to be reached are as follows: 1. The obligation or alimony quota, which will be in accordance with the economic capacity of the person who must provide it. It is pertinent to clarify that food is understood as everything necessary for the integral development of children and adolescents, that is, everything indispensable for the sustenance, housing, clothing, medical care, recreation, education or instruction of the minor.It is important that the parents reach an equitable and realistic agreement regarding the child support payment, considering factors such as educational, health, clothing, food and recreational expenses of the children. In case of disagreement, the family judge may be called upon to intervene and will determine the amount of the alimony according to the specific circumstances of the case. 2. Custody of children. In Colombia, there are two types of custody: legal custody and residential custody. The first refers to the right of one of the parents to take the following measures decisions related to the welfare and care of the child, the second refers to the care of the child at home. It is important to clarify that joint custody can be determined. 3. The visitation regime with the periodicity of the same, refers to the time required by the parent who does not live with the child to share with him, either every weekend or every fifteen days, the same applies to the vacation season, birthdays, Christmas, end of the year, etc.. ### In conclusion The agreements that must be reached in Colombia regarding minor children in the event of divorce are fundamental to guarantee their well-being and healthy development. The determination of custody, visitation, child support and shared decision-making are key issues that must be addressed in a fair and consensual manner. Colombian legislation seeks to protect the rights of children and promote the cooperation of parents for the benefit of their emotional and physical well-being. ### Cybergraphy <https://www.notaria19bogota.com/acuerdo-de-divorcio-en-caso-de-haber-menores-de-edad> <https://tusabogadosycontadores.co/blog/custodia-hijos-menores-colombia/>