Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
One of the most common questions asked by US client is that he found out his Colombian wife had a previous catholic marriage that was never registered and dissolved and later he got married to that woman in civil ceremony.
Is that a Colombia Bigamy?
The answer is yes and no.
In cultural aspect, yes it is a bigamy, woman has two active marriages, and it does not matter if one of them was catholic and never was registered at notary. The first Colombia marriage exists plus the second, the civil marriage with the US citizen is also active and valid.
However, the crime of bigamy was removed from Colombia penal code in 2001 and left only the sanction of fraud.
Now, in civil law, the annulment of the second Colombian marriage is the legal tool to follow. I have handled a dozen of cases in which Colombian women had catholic marriage with Colombian men, never registered at notary and without a dissolution, later, they got married with US citizens in a civil ceremony.
This second wedding between US citizen and Colombian wife can be annulled in family court but needs to be take into the trial procedure. It can’t be done at notary or mutual agreement. The annulment requires a judgment signed by court and not by notary and must says Marriage has been annulled.
The process is usually fast, takes around 4 months depending on the court and the civil marriage record later must have a note of being annulled and the court judgement information.
This means that US citizen is back to single again as if Colombian marriage never existed.
If you think your wife is married in Colombia, we can also do a search of catholic or civil records to find out.
Don’t hesitate to contact us.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
