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💔 Marriage, Divorce, Child Support and Family Law in Colombia: A Guide for Expats

 

Love doesn’t know borders — but the law does. Whether you’ve married a Colombian citizen, built a family here, or are going through a difficult separation, understanding Colombian family law is essential to protect your rights and avoid legal surprises.

 

At Advocates4u S.A.S., we’ve helped expats navigate marriage, divorce, custody, and child support cases in Colombia. This guide explains the essentials in simple terms.
 

 

💍 1. Marriage in Colombia: Civil and Religious Options

 

Foreigners can legally marry in Colombia, either:

 

Civilly, before a notary (notaría), declative process under Jurisdicción Voluntaria via judge or Religiously.

 

For foreign citizens, it’s important to present:

 

1. A valid passport

2. Birth certificate (apostilled and translated)

3. Certificate of single status or divorce decree

 

Once the marriage is registered, it’s legally recognized throughout Colombia and, in most cases, can be recognized abroad with proper legalization.

 

⚖️ 2. Divorce in Colombia: Different Rules, Same Outcome

 

 

Colombian law allows both mutual consent, unilateral and contested divorces:

 

By mutual consent: Fast, inexpensive, and done before a notary if there are no underage children involved.

 

Through court: Required when there are disputes over children, assets, or when one spouse refuses to sign.

 

Even if you were married abroad, a divorce can be processed in Colombia if one spouse is Colombian or resides here.

 

🏠 3. Division of Assets

 

Colombian law establishes a marital partnership (“sociedad conyugal”), which means all assets acquired during marriage are presumed to belong equally to both spouses, unless a separation of property agreement exists "capitulaciones".

 

Foreigners should note that properties purchased in Colombia may still fall under this rule — even if the funds came from abroad without subrogation. Having a lawyer review the property titles and marital agreements is essential before or after marriage.

 

👶 4. Child Custody and Parental Rights

 

In Colombia, custody is determined based on the best interest of the child (interés superior del menor).

Courts generally favor shared parental responsibility, unless one parent poses a risk to the child’s wellbeing.

 

If one parent is a foreigner, international custody issues can become complex. Colombia is a signatory to the Hague Convention on International Child Abduction, which means children cannot be removed from the country without consent or a court order.

 

💸 5. Child Support (Alimony)

 

Child support — called cuota alimentaria — is mandatory for both parents, regardless of nationality.

 

It covers not only food but also housing, healthcare, clothing, and education. Amounts are determined by:

 

1. The child’s needs (necessity)

2. The parent’s income and lifestyle (capacity)

 

Failure to pay child support can result in civil enforcement actions, wage garnishment, and even criminal penalties under Colombian law.

 

💬 6. Common Mistakes Expats Make

 

1. Believing foreign divorce decrees are automatically valid in Colombia — they must be legalized or recognized via “exequatur”, however a notarized divorce agreement can be apostille, translated and register on a Public Notary if that the case.

 

2. Signing property or custody agreements without legal review.

 

3. Leaving Colombia with a child without the other parent’s notarized permission — which can lead to criminal charges.

 

👩‍⚖️ 7. Why You Need a Family Lawyer in Colombia

 

Family disputes in Colombia often involve both civil and notarial procedures, and yes, they can affect your visa status, property rights, and even your ability to travel with your children

 

An experienced attorney ensures your case is handled legally, efficiently, and respectfully — especially if you’re a foreign national unfamiliar with the local system.

 

💼 Advocates4u — Protecting Families, Defending Rights

 

At Advocates4u S.A.S., we provide compassionate, professional legal support for foreigners and mixed-nationality families in Colombia. We handle:
 

Marriage and civil union registrations

Divorce and property settlements

Custody and child support cases

Recognition of foreign judgments (exequatur)
Prenup Agreements (capitulaciones)

 

Let us help you protect what matters most — your family and your peace.

 

📞 WhatsApp: +573045806050 / +573021291394

🌐 Visit: www.advocates4u.com.co