WHAT IS COLOMBIA COMMON LAW MARRIED?
I HEARD I HAVE UNION LIBRE OR UNION MARITAL IN COLOMBIA BECAUSE I HAVE BEEN LIVING WITH SAME COLOMBIA GIRL FOR THE PAST 2 YEARS.
Esteban Rada
Attorney in Colombia
Email: lawyerscolombia@gmail.com
tel +57-3117693976
The facto marital union or free union is a legal figure or colombian common law marriage also called domestic union is a figure regulated in Colombia through Law 54 of 1990, through which two people constitute a unique and permanent community of life, without the need to marry.
This figure not only refers to couples made up of a man and a woman, but also to same-sex couples; In this sense, the Constitutional Court, by means of Judgment C-075 of 2007, extended the regime of protection of the common-law marriage to homosexual couples, therefore, when we refer to couples in this context, reference is made to same-sex couples as well as heterosexual couples.
Requirements:
Will: the couple that integrates the union must have the clear intention of living together with the aim of sharing their life and consolidating a family, but this decision must be free and voluntary.
Legitimacy: each person must be fully capable, or relatively capable based on their age, as applied to those who wish to marry.
The community of life: there must be a real coexistence of the couple, that is to say that there must be cohabitation, help and mutual aid, therefore, they must live under the same roof, share the same bed and lead a conjugal life.
Permanence: refers to the stability that must exist in the coexistence of the couple, which means that there will be a real intention to consolidate a family.
Singular: the protection given by the Constitution and the law to the monogamous family; It must be unique and singular.
Absence of the marriage bond of the permanent companions: the companions must not be married to each other, although they may be previously married to third parties even without dissolution.
In Colombia text cases family law books we have this example
- American man finds a partner, Colombian person B, and they live together as boyfriend and girlfriend for two years. B has no capital.
- After those two years Colombian person B then decides to leave the relationship.
- Colombian person B then goes to a judge to utilize this living 2 years common law marriage law in order to get half of Americans person A’s capital.
Note: This is a valid legal claim even though they have never been married and American person A has never signed any related documents, judge will grant half of income and the assets earned by partner A during the past 2 years.
What I suggest is to get a good lawyer and prepare documents such as prenuptial and also other legal protection figures in order to avoid the risk of dividing your assets and income of the past 2 years or the time you lived with Colombian partner in half.
Don’t hesitate to contact me for further consultation.
Esteban Rada
Attorney in Colombia
Email: lawyerscolombia@gmail.com
tel +57-3117693976
www.lawyerscolombia.com
