Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
The legalization of same-sex marriage in Colombia represents a significant step forward for LGBTQ+ rights and recognition. On April 28, 2016, the Colombian Constitutional Court ruled that same-sex couples have the same legal rights as heterosexual couples, allowing them to marry. With the growing number of same-sex marriages in the country.
The 2016 decision by the Constitutional Court established same-sex marriage as a fundamental right, ensuring that all couples—regardless of sexual orientation—enjoy parity before the law.
The Colombian Civil Code, specifically Article 154, governs the dissolution of marriage and applies equally to both same-sex and opposite-sex couples. Grounds for divorce in Colombia can be classified into two categories: absolute and relative grounds. Absolute grounds include:
Mutual consent.
A permanent separation of at least two years.
Adultery.
Physical or psychological abuse.
The intoxication or drug addiction of one spouse.
Relative grounds include more nuanced issues, such as betrayal of trust or familial actions that might affect the marriage.
Divorce Process for Same-Sex Couples
The divorce process in Colombia can vary depending on whether the couple seeks a divorce by mutual agreement or through contested proceedings.
Divorce by Mutual Consent: This is often the more straightforward and less contentious route. Couples must prepare a divorce agreement outlining the terms, including the division of assets, custody arrangements (if applicable), and any alimony provisions.
Contentious Divorce: If one partner does not consent to the divorce or if there are disputes over the terms, the process can become complicated. In this case, the party seeking the divorce must file a petition in court, citing the grounds for divorce. The court will then schedule hearings, during which both parties can present their evidence and arguments. The judge will ultimately decide whether to grant the divorce and under what terms.
Challenges Faced by Same-Sex Couples
Despite the legal advancements made in favor of same-sex marriage, divorce for same-sex couples in Colombia can still present unique challenges:
Social Stigma: Societal attitudes toward LGBTQ+ individuals can lead to discrimination and stigma, which might affect legal processes and outcomes. Couples may face biases from legal representatives, judges, or even in the execution of custody and asset division.
Custody and Child Support: In cases where couples have children, issues surrounding custody can be particularly challenging. Courts may take a traditional view on parenting roles, which could disadvantage one of the partners in custody disputes. The nuances of parenting within a same-sex relationship may not always be well understood by judges.
Division of Assets: Determining how to fairly divide shared assets can also pose difficulties, especially where there are no legal precedents or established norms specific to same-sex divorces.
RADA LAW FIRM has provided Legal Representation for Many same-sex couples friendly but also complicated divorce proceedings. We have experienced lawyers who can assist you in the all the process of divorce.
If you have any questions, please contact me
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
