What is a de facto marital union (Similar to a common law marriage in other countries)?
According to law 54 of 1990, it is the union of a man and a woman who without being married, they conform a permanent and singular living community, acquiring the rights and duties of a marriage. For civil effects, they are denominated as permanent partners.
The constitutional court, via sentence C-075-07, included same sex partners amongst the people who are eligible to conform this type of union, with the idea of offering them patrimonial rights.
- Identification documents.
- Authenticated copies of the birth certificate with no more than one month of having been expedited.
- Complete information (names, surname, ID number, place of birth, age, occupation, address).
- Proof that both acted in agreement.
- Date when they first started living together.
- Be it the case, the identification of children they share.
- If they have children, and the declarants are the mother and father (children in common) they must attach copies of all of their children’s birth certificates.
- In the case of children that they did not have together, which would be under their own legal watch, they must present an inventory of assets, if any, that are property of each child. The inventory is to be elaborated by the curator assigned by the law.
Frequently Asked Questions
Which benefits does it give?
An entry into the patrimonial partnership, membership to an HMO (EPS in Colombia) and the right to the substitute pension.
Which goods make up part of the patrimonial partnership amongst permanent partners?
Those achieved by mutual work and effort. The goods acquired before the de facto marital union are not included in the patrimony of the spousal partnership, as well as inheritances which may be received from one of the parties, raffles, and other title acquisitions for good and valuable consideration.
Which process needs to take place in order to dissolve a de facto marital union?
By mutual consent in a public deed before the notary, via an act signed at a conciliation center, by a judicial sentence or due to the death of one of the partners.
In which moment does a de fact marital union begin?
Whenever both partners agree to it. A marital union and a patrimonial partnership are different, which generally happens as a consequence. The latter is presumed to exist after two years of living together.
How is a de facto marital union declared?
Via these processes:
- A public deed before a notary by mutual consent of the permanent partners.
- A certification of conciliation by the permanent partners.
- A judicial sentence.
Can same sex partners also be eligible to be in a de facto marital union?
Yes. The constitutional court, via sentence C-075-07, included same sex partners amongst the people who are eligible to conform this type of union, with the idea of offering them the same patrimonial rights.
Is a patrimonial partnership the same as a de facto marital union?
A marital union is a decision made between a couple and defines the goods each one has, leaving them out of the union. Meanwhile, a patrimonial partnership exists automatically after 2 years of living together and may be proven with witnesses and other legal acts.