Notarial divorce
We want you to stay up to date! Here you may consult everything you need to know about a notarial divorce before requesting it from the Third Notary of Montería.
What is a notarial divorce?
It is the termination of a civil matrimony and it can be done in a notary, as long as both parties are in agreement. When the marriage to be ended was celebrated by the catholic church or other religion recognized by the state, it is called a cessation of the civil effects of a religious matrimony.
Requirements
- Identification documents
- Power of attorney signed and authenticated by both parties.
- Authentic copies of both birth certificates.
- Authentic copy of the marriage certificate.
- Agreement signed between both parties, about their decision to get divorced. This agreement must include the fulfillment of support and food for the other, if that were to take place, according to law.
Additionally, when there are minor children, the following documents must be presented:
- Authentic copies of the birth certificates of all minor children.
- An agreement amongst both parties about how child support and food will be taken care of, the rules for visitation rights and the custody of the children.
- The concept of a family advocate, as solicited by the notary.
Frequently Asked Questions
Without a mutual agreement, is processing a divorce possible?
Via notary, this is not possible. If there is no mutual agreement, they must got to a family judge.
What are the grounds for a divorce in Colombia?
Any sickness or incurable or serious abnormality, physical or psychological by one of the spouses that places the mental or physical health of the other in danger and makes married life impossible.
All behavior by one of the spouses that corrupts or perverts the other, a descendant or people who are being taken care of by them and share the same household.
Examples: Extra-marital sexual relations, not fulfilling duties as a spouse or parent, physical and psychological abuse, constant inebriation and habitual use of psychoactive substances.
Which documents are necessary to initiate a divorce?
An authentic copy of the birth certificate of both spouses and all minor children, if that applies. Authentic copy of the marriage certificate, photocopies of the national identification card or other identification documents, a petition and divorce agreement elaborated by a lawyer. If there are minor children, the agreement must be sent to the ICBF (child welfare services) for approval.
What happens if the married couple has assets together?
Property or ownership deeds must be attached, as well as a certificate of good standing of property taxes and appraisals of all assets acquired in the spousal partnership, such as: houses, cars, stocks and credits.
If the spouse is a foreign citizen, how does the process take place?
It remains the same, but all documents of foreign origin must be legalized in Colombia, certified and/or translated.
What happens if no agreement is reached with the other spouse?
The divorce must then be taken up with a judge.
Which information does the agreement have, with respect to the couple?
In this agreement the decision to process the divorce must be expressed clearly before the notary. It must also include the definition of food support amongst the spouses, if it applies.
Which information does the agreement have when there are minor children?
Besides the joint decision by the couple, the civil effects of the marriage and/or for the divorce, the document must include:
- Who would keep the custody and personal care of the children.
- The set of rules for child support fees which include food, education, recreation and health.
- Visitation rights.
- Rules for vacations, birthdays, christmas, new year, etc.
Can the liquidation of the spousal partnership and its assets take place at the same time as the divorce?
Yes, said liquidation may be included in the same public deed that contains the divorce. For this process, the following documents are required:
- Deed of property ownership
- Certificate of good standing of the property taxes and valuation.
- Appraisals.
- Certificate of social debts.
- Of all assets acquired during the spousal partnership, such as houses, cars, stocks and credits.