Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
With the new law issued in 2024, the concept of divorce has evolved significantly in Colombia. The introduction of no-fault divorce, now with only the unilateral decision of one of the partners to get the divorce, the new law has been a pivotal change in the family law landscape of the country. This article aims to explore the implications, processes, and sociocultural context of no-fault divorce in Colombia.
What is No-Fault Divorce?
No-fault divorce is a legal provision that allows a couple or only one partner to divorce without the need to prove wrongdoing by either party. This means that couples or one of the partners can dissolve their marriage simply by stating that the marriage has irretrievably broken down, eliminating the need to demonstrate fault such as infidelity or abuse. The introduction of this concept in Colombia marks a significant shift from traditional divorce laws, which often required one party to establish fault to obtain a divorce.
Under the new law, couples can file for divorce based on mutual consent or unilaterally citing the irretrievable breakdown of the marriage, always represented by a lawyer. The latter requires no proof of fault and simplifies the divorce process significantly. Additionally, Colombian law provides for two primary types of divorce proceedings: administrative and judicial.
- Administrative Divorce: This is a quicker and less formal process that can be initiated through a civil registry office, provided both parties agree on the divorce terms.
- Judicial Divorce: This is required when only one of the parties want the divorce and there are not disputes regarding child custody, property division, or other contentious issues. In this case, the couple must go through the court system.
The Process of No-Fault Divorce
The process for obtaining a no-fault divorce in Colombia generally involves the following steps:
- Consultation: Couples are encouraged to seek legal advice to understand their rights and obligations.
- Filing for Divorce: The couple can file for divorce either jointly or unilaterally at the appropriate administrative or judicial body.
- Mediation: If disputes arise regarding children or assets, mediation may be required to reach an agreement.
- Finalization: Upon agreeing to all terms, the divorce is finalized, and a decree
- Conclusion
No-fault divorce in Colombia signifies a progressive step towards modernizing family law and aligning it with contemporary values of individual freedom and personal choice. While the process is designed to be accessible and less adversarial, it is essential for couples to approach divorce thoughtfully and consider the potential impacts on their families. As societal norms continue to evolve, so too will the legal frameworks that govern marriage and divorce in Colombia, reflecting the complexities of human relationships in the modern world.
Please contact me for further information
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
