Can foreigners get married in Colombia? It’s not just a romantic dream but a plausible reality. In this informative guide, we’ll explore the legal requirements, types of marriages, and steps you need to take to ensure your big day goes off without a hitch in this enchanting country.
Key Takeaways
- Foreigners must meet legal requirements and eligibility criteria to get married in Colombia.
- Three types of marriage ceremonies are recognized: civil, religious and common law.
- Prenuptial agreements are legally valid in Colombia with certain requirements for validity.
Foreigners Getting Married in Colombia
For dreams of a vibrant Colombian wedding to come true, it’s necessary to familiarize yourself with the legal requirements and eligibility criteria. When getting married in Colombia, you have three options: civil marriage, religious ceremony, or common law marriage. As a foreigner, you must provide certain documents such as birth certificates, passport copies, and proof of single status. Furthermore, you’ll need to respect a 7-day announcement period before proceeding with the wedding preparations.
Despite the straightforward marriage process in Colombia, understanding the legalities and procedures is key. We’ll further explore the legal requirements and eligibility criteria for foreigners keen on tying the knot in Colombia.
Legal Requirements for Foreigners
Regarding getting married in Colombia, foreigners need to provide several documents, including a birth certificate, passport, and evidence of single status. If you’ve been divorced or widowed, presenting a copy of the divorce decree or death certificate is necessary, especially for a Catholic wedding and all documents from abroad needs to be apostilled and officially translated.
An affidavit of status, provided by the U.S. Embassy or Consulate in Colombia, may be required to verify your marriage eligibility, especially if you’re planning a Catholic ceremony. Consulting with the notary or religious official to determine the acceptable documents is recommended.
Eligibility Criteria
To be eligible for marriage in Colombia, foreign nationals and Colombian citizens need to meet certain criteria. You must be of legal age, not be closely related, and not currently married.
Moreover, to get married, you will need the following documents:
- Certified copies of both spouses’ birth certificates, foreigh document must obtain an apostille and official translation
- Apostille Certification of No marriage from the foreigner's country of residence
- ID card photocopy and original for the Colombian and passport photocopy and original for the foreigner
- A Marriage Application letter obtained from the notary
- A valid passport stamp or tourist visa for the foreigner to meet the legal status requirment in the country.
Types of Marriages in Colombia
Colombia offers a variety of options when it comes to the type of marriage ceremony you wish to have. The three types of marriages recognized in the country are civil marriage, religious ceremony, and common law marriage.
With each type presenting its unique requirements and procedures, couples can choose the one that resonates with their preferences and beliefs.
Civil Marriage
A civil marriage in Colombia is a union contracted before civil authorities, such as a notary or a civil judge. Notaries are responsible for performing civil marriages. To have a civil marriage in Colombia, you must provide certain documentation. This includes:
- Certified copies of both spouses’ birth certificates
- Certified Copy of no marriage from the foreigner's home country
- Authenticated passport or ID card photocopies
Opting for a civil marriage legally binds you and your partner under the Colombian government, guaranteeing recognition and protection under Colombian marriage laws.
Religious Ceremony
A religious marriage in Colombia might be the perfect choice for those who prefer a more spiritual union. Religious ceremonies, such as Catholic weddings, require additional documentation. This includes:
- Birth certificate
- Passport
- Evidence of single-status
- Certified baptism certificate
- Certified confirmation certificate
- Certificate from the relevant church
- Certificate of no impediment
Following the religious ceremony, registering the marriage with a notary is necessary for legal recognition in Colombia. Remember, if you have a previous divorce that the Catholic Church does not recognize, you cannot have a Catholic wedding ceremony.
Common Law Marriage
If you and your partner have been cohabiting for at least two years, you may be eligible for a common law marriage in Colombia, known as “unión marital de hecho”. This union type is officially acknowledged as a legal marital relationship without requiring a formal marriage ceremony.
Common law marriages offer an alternative for couples who prefer not to have a traditional civil wedding ceremony or may not meet the requirements for a civil or religious ceremony.
Preparing and Submitting Documents
Preparing and submitting all required documents is needed to secure legal recognition for your marriage in Colombia. This will include translations and authentication, as Colombian authorities must authenticate all documents in Spanish.
We’ll further examine these requirements.
Document Translation
Since all documents related to your Colombian marriage must be in Spanish, an official translator’s services are vital. This will help guarantee that all documents are in the same language and can be easily understood by the relevant authorities, ensuring a smooth and efficient process for your Colombian wedding.
Translation services are available from various sources, including online translation companies, local translators, and official translator professionals.
Document Authentication
In addition to translating your documents, they must be authenticated by the relevant authorities in both your home country and Colombia. This can often be called an apostille or authentication process from countries not signatories of the Hague Convention. This includes birth certificates, records of no marriages, and any other official government documents.
Failing to authenticate your documents properly may result in the notary not allowing you to get married.
Colombian Marriage Visa and Immigration Process
Once you’re married to your Colombian partner, you may be interested in applying for a Colombian marriage visa. This will allow you to live and work in Colombia and enjoy other benefits that come with obtaining a Colombian Visa through marriage.
We will now discuss the process of acquiring a Colombian marriage visa and, eventually, a permanent resident visa.
Applying for a Colombian Marriage Visa
A Colombian marriage visa is granted to a foreigner who has entered into a legally binding marriage with a Colombian national or meets the criteria for a permanent partner. To be eligible for a Colombian marriage visa, you must be at least 18, possess a valid passport, and have a valid marriage certificate in Colombia.
The application for a Colombian marriage visa necessitates the submission of essential documents like a valid passport and marriage certificate to the Colombian immigration office. Once your application is approved, you’ll be granted a Colombian marriage visa, which allows you to live and work in Colombia.
Permanent Resident Visa
After three years holding the Type M visa as an spouse of a Colombian you may be eligible to apply for a permanent resident visa in Colombia. This type of visa grants you the right to reside and work in Colombia. The resident visa only needs to be renewed avery 5 years, you’ll also have access to public services such as healthcare and education and the right to own property in Colombia.
This can be an excellent option for those seeking a long-term future with their Colombian spouse.
Prenuptial Agreements in Colombia
While preparing for your Colombian wedding, you might contemplate a prenuptial agreement to safeguard your assets and set property rights in case of divorce or separation. In Colombia, prenuptial agreements are legally valid and can be created to suit each couple's specific needs and wishes.
We’ll further scrutinize the legal validity and creation process of prenuptial agreements in Colombia.
Legal Validity of Prenuptial Agreements
For a prenuptial agreement to be considered valid in Colombia, it must meet specific legal requirements. If you don’t have a prenuptial agreement, the applicable laws of the country will determine the division of assets and liabilities in case of a divorce.
By having a legally binding prenuptial agreement in place, you and your partner can establish the terms of your marriage and protect your assets before entering into matrimony.
Creating a Prenuptial Agreement
Should you and your partner decide to create a prenuptial agreement, seeking assistance from a Colombian legal practitioner is crucial. They can help you draft the agreement in Spanish and ensure that it contains all the necessary information, such as the full names of both parties, the date of the agreement, and a detailed list of assets and liabilities.
Once the agreement is prepared, both parties must sign it in the presence of a notary public to make it legally binding.
Summary
Getting married in Colombia is an exciting and romantic adventure that requires careful planning and understanding of the legal requirements and procedures. Whether you opt for a civil marriage, religious ceremony, or common law marriage, this guide has provided the essential information to navigate the process and ensure that your Colombian wedding goes smoothly. With the right preparation, you and your partner will be well on your way to creating a lifetime of memories in this vibrant and enchanting country.
Frequently Asked Questions
Is a marriage in Colombia legal in the US?
Yes, marriage in Colombia is legal in the US, provided it has been legally recognized in Colombia.
Can I get married in Colombia on a tourist visa?
You can indeed get married in Colombia on a tourist visa. All you need is your passport, birth certificate, and the initial 90-day tourist permit, which can be extended for 90 more days.
After getting married, you can apply for a spouse visa. It is important to note that notaries in Colombia will not allow you to get married while not currently legal.
How long does it take for a common-law marriage to be recognized in Colombia?
Common law marriages in Colombia are legally recognized after two years of cohabitation.
This means that couples living together for two years are considered married in the law's eyes.
What additional documents are required for a religious ceremony, such as a Catholic wedding?
For a religious ceremony such as a Catholic wedding, you must provide a certified baptism certificate, confirmation certificate, and certificate of no impediments.
The priest or other authorized church official must sign and date them. The documents must also be notarized.
Daniela Cordoba is a lawyer specializing in immigration and commercial law. Daniela Cordoba has helped individuals and businesses live and operate in Colombia for over a decade. She also has training in compliance with the respective accreditations to serve as Compliance Officer.
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