In this article, we will guide you through the process of divorce by mutual consent in Colombia.
Divorce Settlement Agreement
The divorce process is a difficult situation that many couples face at some point in their lives.
However, when both parties agree to the separation and are willing to work together to achieve an amicable divorce, the process can be easier and less costly.
In Colombia, divorce by mutual consent is an option for those who wish to end their marriage peacefully and without conflict.
Requirements for a Mutual Agreement Divorce
Before initiating the divorce process, both parties must meet certain requirements.
In Colombia, spouses wishing to divorce must have been separated for at least two years, or one year if they have a separation of property agreement and do not have minor children.
Both parties must also agree on the divorce and the terms of the divorce, including the division of assets and financial obligations.
Necessary documents
Once the prerequisites are met, both spouses must gather the necessary documentation to initiate the divorce process.
These documents include: marriage certificate, citizenship card or identity card, and written agreements on the division of assets and financial obligations.
Filing for Divorce
The next step is to file for divorce before a family court judge.
This must be done through an attorney, who will file the claim and the necessary documents with the court.
The judge will review the complaint and, if everything is in order, will issue a divorce decree.
Property Settlement Agreement
After the divorce decree, both parties must reach an agreement on the settlement of assets.
This agreement must be submitted to the family judge for approval.
Divorce Registration
Finally, once the judge approves the property settlement agreement, the divorce must be registered at the civil registry.
Once registered, the divorce is considered finalized.
It is important to remember that, although the uncontested divorce process may be easier and less expensive than other types of divorce, it is still recommended to work with an attorney to ensure that all documents are in order and that the process goes smoothly.
In summary, the process of divorce by mutual consent in Colombia involves complying with the prerequisites, gathering the necessary documents, filing a divorce petition before a family judge, reaching an agreement on the liquidation of assets and registering the divorce in the civil registry.
To have the advice of an attorney
If you are considering an uncontested divorce, we recommend that you work with an attorney to ensure that the process goes smoothly and properly.
In conclusion, the mutual consent divorce process in Colombia is an option for those couples who wish to end their marriage peacefully and without conflict.
This process involves meeting the prerequisites, gathering the necessary documents, filing a divorce petition before a family judge, reaching an agreement on the settlement of assets, and registering the divorce with the civil registry.
The mutual consent divorce process is an increasingly common option in Colombia, as it is a peaceful and quick way to end a marriage or common-law union.
While in the past it was necessary to carry out the process through a family judge, in recent years it has also been possible to carry out the process through a notary’s office.
Divorce and Partnership Settlement Agreements
The first step to initiate the process of divorce by mutual consent is to have an honest conversation with your spouse or partner, with the objective of reaching an agreement regarding the liquidation of the marital or patrimonial property and the custody of the children (if any).
Once an agreement has been reached, the next step is to gather the necessary documents to initiate the process.
Documents
Among the documents required are a copy of the marriage certificate or declaration of common-law marriage, the civil records of the children (if any), and the marital or property settlement agreement.
It is important to note that the marital or property settlement agreement must be signed by both parties and must be presented before the notary or the family judge.
Once the documents have been gathered, the next step is to file them with a notary, along with the request for divorce by mutual consent.
At this time, the corresponding notary fees must also be paid.
In case of minor children
It is important to highlight that, in case there are minor children, a custody and visitation agreement previously agreed upon by both parties must be presented and approved by a family judge.
Once the notary’s office has received the documents and has verified that everything is in order, the divorce certificate and the liquidation of the marital or patrimonial property is signed.
Divorce Registration
Subsequently, the divorce is registered in the civil registry and the respective document is delivered to the parties.
Working with an attorney is recommended to ensure that the process runs smoothly and properly.
In conclusion, the process of divorce by mutual consent in Colombia can be carried out either before a family judge or before a notary public.
Notary Divorce
Although the option of doing it through a notary’s office is faster and simpler, it is important to take into account that certain requirements must be met and important documents must be presented.
Therefore, it is advisable to have the advice of a lawyer specialized in family law to ensure that the process is carried out properly and smoothly.
We hope this information has been helpful and wish you the best in your divorce process.
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“Divorce by mutual consent” Ministry of Justice and Law. Retrieved from https://www.minjusticia.gov.co/Portals/0/Comunicaciones/Documentos%20Compartidos/Tramites_divorcio_mutuo_acuerdo_2020.pdf
“Divorce by mutual consent” Colombian State Services Portal. Retrieved from https://www.gob.co/divorcio-de-mutuo-acuerdo
“Divorce Process in Colombia”. Legal.com.co. Retrieved from https://legal.com.co/proceso-de-divorcio-en-colombia/
“Divorce by mutual consent in Colombia: a peaceful way to end a marriage.” Online Divorce. Retrieved from https://www.divorcioenlinea.co/blog/divorcio-de-mutuo-acuerdo-en-colombia
“Divorce by mutual consent in Colombia: What should you know?” Legal and Accounting Group. Retrieved from https://www.grupojuridicoycontable.com/divorcio-de-mutuo-acuerdo-en-colombia-que-debes-saber/
“Divorce by mutual consent in Colombia: What is it and how is it done?” Second Notary Office of Medellín. Retrieved from https://www.notariasegundamedellin.com.co/divorcio-de-mutuo-acuerdo-en-colombia-que-es-y-como-se-hace/
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