Mutual Agreement Divorce in Colombia: Legal Framework and Procedure

Esteban Rada

Colombian attorney

www.lawyerscolombia.com

email: info@lawyerscolombia.com

telephone 57-311-7693976

In Colombia, divorce is regulated by the civil Code and can be initiated under various grounds. One of the most straightforward methods is through mutual agreement, which allows both parties to dissolve their marriage amicably without the need for contentious litigation.

Under Article 154 of the Colombian Family Code, spouses may file for divorce by mutual consent when both parties agree to the dissolution of their marriage. This method is favored for its efficiency and the preservation of amicable relations between the parties involved.

Requirements for Mutual Agreement Divorce

Mutual Consent: Both spouses must agree to the divorce. This agreement should be expressed in writing and signed by both parties.

Settlement Agreement: The parties must also reach an agreement on relevant issues such as:

Division of marital property

Custody and visitation rights of children

Child support and spousal support (if applicable)

Preparation of Documents:

The spouses must prepare using a lawyer a divorce petition that includes the mutual agreement and the settlement terms.

Required documents typically include:

Marriage certificate

Identification documents of both parties

Any agreements related to children and property

Filing the Petition:

The divorce petition must be filed at the Family Court or public notary by the Colombian lawyer representing parties in the jurisdiction where either spouse resides.

The court or notary will review the petition and ensure that it meets all legal requirements.

Hearing:

A court hearing may be scheduled to confirm the mutual consent and the terms of the settlement agreement. Both parties must attend the hearing.

The judge or notary will evaluate the agreement to ensure it is fair and in the best interest of any children involved.

Issuance of Divorce Decree:

If the judge is satisfied with the terms and the mutual consent, a divorce decree  will be issued, officially dissolving the marriage.

If you feel further consultation, please feel to contact me

Esteban Rada

Colombian attorney

www.lawyerscolombia.com

email: info@lawyerscolombia.com

telephone 57-311-7693976

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