What is a notarial divorce?
It is the conciliatory act in which a marriage celebrated in the notary comes to an end. If the marriage to be terminated was by the catholic church or another religion recognized by the state, it is called a cessation of the civil effects of a religious marriage.
- Copy of the identity documents of the spouses.
- Power of attorney signed and authenticated by the spouses.
- Authentic copy of the marriage certificate.
- Authentic copy of the birth certificates of the spouses.
- Application for divorce proceedings.
- Agreement signed between the two people about their decision to divorce. According to the law, it must include the fulfillment of the obligations for alimony for the other, if applicable.
- It must be done through a lawyer.
When there are minor children, the following documents must be attached:
- Authentic copies of birth certificates.
- Agreement between the parents on how the support and feeding of the children will be, visitation rights and custody of the same.
- Concept of the family defender requested by the notary.
Is it possible to process a divorce without a mutual agreement?
Not by a notary, if there is no mutual agreement you must appear before a family judge.
What are the grounds for divorce in Colombia?
- Any serious or incurable illness or abnormality, physical or mental, of one of the spouses, which endangers the mental or physical health of the other, making it impossible for the married couple to live.
- Any conduct of one of the spouses that corrupts or harms the other, a descendant or people who live with them and are in their care.
Other examples: extramarital sexual relations, breach of marital duties or as a parent, constant drunkenness, habitual use of psychoactive substances, physical and psychological abuse.
What do I do if as a couple we have property in common?
In this case, you must attach the documentation, deed or property title, together with the certificates of good standing for property taxes and valuations of all material assets acquired in the conjugal partnership, such as; houses, cars, shares or credits.
How do I do this procedure if my spouse is a foreigner?
The process does not change, however, documents of foreign origin must be legalized in Colombia, apostilled and/or translated.
What information does the agreement contain if there are minor children?
You must include the following information:
- Who will have custody and take personal care of the children.
- Food schedule or food quota that includes the education, recreation and health of minors.
- Visitation rights schedule.
- Holidays, birthdays, Christmas and New Year’s schedule of activities.
Can I liquidate the conjugal partnership at the same time as the divorce?
If possible, it would be stipulated in the public deed containing the divorce. For this process, the following documents must be attached:
- Deed or title of the property.
- Certificate of Good Standing of valuation and taxes.
- Certificate of social debts, of all assets acquired during the conjugal partnership such as; houses, cars, shares or credits.
Let us know how we can help you.
Carry out your procedures online or, if you prefer, carry out your notarial procedures directly at the Fifth Notary of Manizales.
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