Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Marriage serves as a fundamental institution recognized by law, encompassing various rights and obligations for both parties. In Colombia, as in many jurisdictions, the sanctity of marriage is upheld; however, it can be contested under certain circumstances, particularly when fraud is involved. This article explores the grounds for annulment of a marriage in Colombia, particularly focusing on cases where one party may have entered the union solely for the purpose of obtaining a visa to the United States.
Understanding Marriage Annulment in Colombia
Annulment in Colombia, refers to the legal procedure whereby a marriage is declared invalid from the outset. The Colombian Civil Code outlines specific criteria under which a marriage can be annulled. Key grounds include:
Lack of Consent: If one party lacks the mental capacity or voluntarily consent, the marriage may be annulled.
Fraud: This includes situations where one party was misled about essential aspects of the other party or the marriage itself.
Impediments: Existing legal impediments to marriage that were not disclosed can also provide grounds for annulment.
The Element of Fraud in Marriage
The concept of fraud in marriage holds particular weight in annulment cases. Fraud can take many forms, but in the context of international marriages, one common scenario involves a foreign national entering a marriage primarily to secure immigration benefits.
In cases where a Colombian wife is suspected of marrying solely for the purpose of obtaining a U.S. visa, the husband may argue that this constitutes fraud. The court would need to determine:
Intent of the Parties: Was the Colombian spouse genuinely interested in marriage, or was the primary motive to obtain a U.S. visa?
Material Misrepresentation: Were there specific misrepresentations made by the Colombian spouse regarding their intentions, feelings, or life circumstances?
Consequences of Annulment
An annulment in Colombia has several implications:
Legal Status: The parties are returned to their single status, and the marriage is regarded as void.
Property Rights: Unlike divorce, where property division may be negotiated, annulment may lead to disputes regarding properties acquired during the marriage.
Immigration Implications: For the spouse who sought the marriage for visa purposes, an annulment may significantly complicate their immigration status, as it may raise flags regarding the legitimacy of their previous application.
Conclusion
The annulment of a marriage in Colombia based on fraud, particularly concerning motives linked to immigration benefits, is a legally complex and sensitive matter. Individuals considering such a course of action must gather thorough evidence and seek legal counsel to navigate the intricacies of Colombian family law effectively.
If you have further consultation, please don’t hesitate to contact me.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
