Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
In Colombia, the annulment of a civil marriage is a legal process by which a couple can formally dissolve their marriage. An annulment is different from a divorce as it declares the marriage null and void, as if it had never legally existed. It is important to note that annulment is only applicable in specific circumstances and has specific grounds required for its approval.
In Colombia, annulment is regulated by the Colombian Family Code. According to this code, a civil marriage can be annulled under the following conditions:
Lack of legal capacity: If one or both of the parties were not legally capable of entering into a marriage at the time of the ceremony, such as if they were underaged or mentally incompetent, the marriage can be declared null and void.
Consanguinity or affinity: If the spouses are closely related by blood or by marriage, the marriage can be annulled. In Colombia, marriage between close relatives, such as siblings or parents and children, is strictly prohibited.
Bigamy or polygamy: If one party is already legally married to another person at the time of the marriage, the subsequent marriage can be annulled. In Colombia, polygamy is illegal, and marriages are based on the principle of monogamy.
Fraud or mistake: An annulment can also be granted if one party entered the marriage based on deception, false information, or mistake. This could include cases where one spouse concealed a previous marriage or engagement, hid a serious illness, or misrepresented their financial situation. This is the cause I use as attorney for annulment petitions in case of US visa fraud or scam marriage in Colombia.
Lack of consent: If one party was forced or coerced into the marriage or did not have the mental capacity to give proper consent, the marriage can be annulled. This can also include cases of duress or intimidation.
Previous marriage without divorce. Not very common but I had during my 18 years of practice 3 cases and the annulment was a quick processed. The important is to find the previous marriage record.
To initiate the annulment process, either spouse must file a petition with the Family Court of the jurisdiction where the marriage took place. The court will then review the grounds for annulment and consider any evidence or testimonies provided by the parties involved. If the grounds are deemed sufficient, the court will declare the marriage null and void.
It is important to note that annulment is a legal process that has its own timeframes, legal costs, and requirements. Unlike a divorce, which can be filed after a certain period of separation, an annulment can be requested at any time during the marriage however I recommend doing it before a long time of being married passes. Additionally, an annulment can have implications for financial settlements, property division, and child custody arrangements.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
