Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Colombia offers two main paths for couples to formalize a long-term relationship: civil marriage and the de facto marital union common law marriage. Although both arrangements recognize the emotional and practical partnership between two people, they differ significantly in how they are created, the rights they confer, and how they end. Understanding these distinctions helps couples choose the option that best fits their values, finances, and future plans.
What is civil marriage ?
- Formalization. Civil marriage is a formal contract celebrated before a civil authority (often a registrar or notary), accompanied by witnesses and a formal ceremony. It is a legally binding act that creates a marital regime recognized from the moment of solemnization and registration.
- Requirements. Typically, both parties must be legally capable (of age, not currently married, and not under certain prohibitions). Documents such as birth certificates, identification, and, if applicable, divorce or death certificates of previous spouses may be required.
- Regimes and property. Couples can choose a patrimonial regime, most commonly the community property regime depending on the applicable regime), or opt for a different arrangement through a prenuptial agreement. This affects how assets, debts, and income are managed during the marriage and upon dissolution.
- Rights and duties. Civil marriage creates mutual rights and duties, including joint support, fidelity, and mutual representation in family matters. It also confers rights related to inheritance, social security, pensions, and child custody in the event of dissolution or death.
- Dissolution. Ended by divorce or, in rare cases, annulment or death of a spouse. Dissolution triggers the division of assets according to the chosen regime or court order if disputes arise.
What is a de facto marital union common law marriage ?
- Concept. A de facto marital union is a lasting, stable cohabitation relationship between two adults who live together as a couple, with the intention of forming a family, but without a formal marriage ceremony or registration as spouses before a civil authority.
- Legal recognition. In Colombia, such unions are recognized by law for certain purposes as if the partners were spouses, provided they meet the criteria of continued, permanent cohabitation and public recognition of the relationship. The exact thresholds can depend on time, context, and documentation.
- Time and evidence. Commonly, two years of uninterrupted cohabitation, or a proven family unit with a child born of the relationship, can establish the union in various legal contexts. In some cases, a notarial or judicial declaration that the couple lives as a couple can also prove the union.
- Rights and duties. The union grants several of the same protections as marriage in terms of social security, inheritance under intestate succession when the union is recognized, alimony under certain circumstances, and joint rights to family life and children. It can also impact property and pension rights, depending on recognition and documentation.
- Dissolution. Ending a de facto union can be formalized through a notarized declaration or judicial process, particularly when property, finances, or children are involved. Even without a formal end, the couple may need to resolve issues around property division, support, and child custody.
Key legal differences between civil marriage and common law marriage?
- Creation and formalization
- Civil marriage: Requires a formal act before civil authorities, witnesses, and, usually, a public record. It is a deliberate, documented contract with a clear creation date.
- Common law marriage : Emerges from the couple’s living arrangement and conduct. Legal recognition comes from proof of stable cohabitation and public acknowledgment of the relationship. It may be established through documentary evidence or a notarial declaration in some cases.
- Rights in inheritance and succession
- Civil marriage: Spouses are automatic heirs in many scenarios, and the surviving spouse has clear intestate rights and preferred succession, subject to the applicable inheritance laws and any will.
- Common law marriage Rights to inheritance depend on the union being legally recognized and evidenced. If recognized, the surviving partner can have spousal rights similar to a civil spouse in intestate succession, but it often requires documentation or a legal proceeding to secure those rights. The degree of automatic protection can vary and may require formal recognition.
- Property and patrimony
- Civil marriage: The chosen patrimonial regime governs how assets and debts are managed during the marriage and distributed on dissolution. Registered marriages often provide clearer, more centralized property management and predictability.
- Common law marriage: Property rights generally arise from cohabitation and shared life rather than a matrimonial regime.
If you need further information please contact us
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
