Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
In Colombia, a predominantly Catholic country, the concept of divorce has been a complex and controversial issue within religious communities. While divorce is legally recognized and regulated by the government, the Catholic Church maintains its stance against it, considering marriage to be an indissoluble union.
For a Catholic couple seeking a divorce in Colombia, the process involves distinct layers of legal and religious aspects. Firstly, they must initiate divorce proceedings through the civil courts, following the legal requirements specified by the country’s Family Code. The grounds for divorce can range from adultery and abandonment to irreconcilable differences, among others.
Upon a civil divorce being granted, the former spouses may choose to go through a separate procedure within the Catholic Church called an annulment. An annulment is a legal process declared by the Church, declaring the marriage as null and void, meaning it was not valid in the eyes of God. The Catholic Church evaluates numerous factors, such as the couple’s understanding of the sacrament of marriage, their capability to fulfill the marital commitment, and potential impediments that may have affected the validity of the union.
It’s important to note that an annulment does not dissolve the bonds of a civil marriage or affect the legal aspects surrounding property division or child custody. Rather, it addresses the religious aspect of the union, allowing the individuals to remarry within the Catholic Church.
The process of obtaining an annulment in Colombia usually begins by consulting with a priest or a trained lawyer who specializes in canonical law. The couple will be required to submit detailed testimonies and provide supporting evidence that substantiates the claim of the marriage’s invalidity. The case then goes through a diocesan tribunal, which investigates the evidence and makes a decision based on the guidelines of Church law.
While the Church emphasizes the indissolubility of marriage, it also recognizes the complexities and challenges of human relationships. The annulment process serves as a means to address and assess the validity of a marriage while offering individuals the opportunity to seek spiritual healing and potential remarriage within the Catholic Church.
It’s important to acknowledge that not all couples in Colombia adhere strictly to the Catholic Church’s teachings on divorce. There are many Catholics who choose to separate or divorce without seeking an annulment. The Catholic Church, while maintaining its position on the sacrament of marriage, still welcomes these individuals as members of the faith community, encouraging them on their spiritual journey.
In conclusion, the issue of divorce within the Catholic Church in Colombia holds a significant religious and legal significance. Though the Church does not recognize civil divorce as dissolving the marriage sacrament, it provides a process for individuals to pursue an annulment to address the religious aspect of their union. The annulment process allows for the evaluation of the validity of a marriage, providing individuals with an opportunity for spiritual healing and the possibility of remarriage within the Catholic Church.
If you are having a situation like describe above, please contact us for further consultation.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
