Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Colombia has made significant strides in recognizing the rights of LGBTQ+ individuals, including the legalization of same-sex marriage in 2016. This legal milestone has paved the way for same-sex couples to access the same legal protections and obligations as heterosexual couples, including the ability to divorce.
Legal Framework for Same-Sex Divorce in Colombia
Since the legalization of same-sex marriage, couples of the same sex in Colombia have been able to dissolve their marriages through the same legal processes applicable to opposite-sex couples. The Colombian Civil Law govern divorce proceedings, which can be initiated amicably or through contentious proceedings in court.
Grounds for Divorce
Colombian law recognizes both consensual and judicial divorces. Consensual divorce requires mutual agreement, while judicial divorce can be sought on grounds such as mutual consent after a period of separation, infidelity, or other legal reasons outlined in the Civil Code. These provisions apply equally to same-sex couples, ensuring their rights to dissolve marriage legally and fairly.
Challenges and Considerations
While the legal framework is inclusive, same-sex couples may face societal stigma or logistical challenges, especially if their relationship was not officially registered or recognized universally. Additionally, issues related to child custody, property division, and alimony are handled within the same legal structures, promoting equality in legal proceedings.
Conclusion
Colombia’s recognition of same-sex marriage extends to divorce, providing a clear legal pathway for same-sex couples to end their marriages when necessary. Continued awareness and legal support are essential to ensure that LGBTQ+ individuals can exercise their rights fully and without discrimination.
Please contact us for further information, we at RADA LAW FIRM have 20 years experience.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
