Getting married in Colombia is an exciting journey that opens up opportunities for obtaining a Colombian Marriage Visa. Whether you're planning a civil, common law, or religious marriage, this blog will provide you with essential information to navigate the process successfully.
We will guide you through the different types of marriages, required documents, prenuptial agreements, divorce procedures, and applying for a visa after marriage.
The Different Types of Marriages in Colombia:
Civil Marriage:
A civil marriage in Colombia is a legally recognized union performed by a notary or a judge. It is the most common and straightforward type of marriage.
Timeline: The marriage can be performed after completing the necessary documentation and complying with the waiting period, which is 7 days.
Common Law Marriage:
Colombia recognizes common law marriages, also known as a "union marital de hecho," for couples who have lived together for at least two years. It grants similar legal rights and obligations as a traditional marriage.
Timeline: If you are applying for a visa based on a common law marriage, you must wait one year after declaring and obtaining the declaration to file for the visa application. However, the actual common law marriage process takes hours once you are eligible to declare.
Religious Marriage:
For couples who wish to have a religious ceremony, a religious marriage can be performed in addition to a civil marriage. As typical in other countries, individuals can be married in a church or have a ceremony and include the civil procedures before, during, or after the ceremony.
Timeline: The timeline depends on the ceremony, wedding date, personal preferences, and when you decide to complete the civil procedures.
Documents Required to Get Married in Colombia:
To initiate the marriage process, you will need the following documents:
- Certificate of No Marriage (Certificado de No Matrimonio): This document confirms that you are not currently married and can be obtained in your home country or at the consulate or embassy in Colombia.
- Birth Certificate (Acta de Nacimiento): This document provides proof of your identity and age.
Process for Apostilling Documents:
Both the Certificate of No Marriage and the Birth Certificate must be apostilled, which involves obtaining an official certification of authenticity. This process can be completed at your country's designated authority for apostilles.
In Canada apostilles are called authentication at the global afffairs canada (GAC).
Prenups in Colombia
Prenuptial agreements, or "capitulations matrimonials," allow couples to establish the division of assets and financial arrangements in the event of divorce or separation. Protecting your assets and drafting a prenuptial agreement is crucial, especially if you are getting married in a different country.
Note: If you marry abroad and plan to register your marriage in Colombia, ensure you have a separate prenuptial agreement in Colombia to safeguard your assets according to Colombian laws.
Divorce in Colombia:
In case your marriage doesn't work out and divorce becomes necessary, the following points should be considered:
Divorce Procedure: One party can file for divorce in Colombia. If both parties agree to the divorce, the division of assets is typically done on a 50-50 basis unless a prenuptial agreement specifies otherwise.
Legal Assistance
It is advisable to seek legal guidance from an experienced attorney who can navigate the divorce process and ensure your rights and interests are protected.
Applying for a Visa After Getting Married:
To obtain a Colombian Marriage Visa, you will need to follow these general steps:
- Gather the required documentation, such as the marriage certificate, passport, and other supporting documents.
- Submit the visa application through the Cancillería's website.
- Respond promptly to any requests for additional information or documentation.
- Await a response from the Cancillería, which typically takes around 30 calendar days.
To learn more about this process, you can read our blog about the Colombian marriage visa here.
Conclusion:
Getting married in Colombia is an exciting and significant milestone, opening doors to a Colombian Marriage Visa and a new chapter in your life. Whether you opt for a civil, common law, or religious marriage, ensure you fulfill the necessary requirements and have all the required documents. Don't forget to protect your assets through prenuptial agreements and seek legal guidance if needed. With careful planning and expert advice, your journey towards marriage and obtaining a visa in Colombia will be a successful one.
Remember, every case is unique, and it is advisable to consult with an experienced Colombian immigration attorney to ensure compliance with the latest regulations and to address specific circumstances. Congratulations on your decision to embark on this exciting adventure in Colombia!
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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