PBH / Colombia / Start Forums▼ (active) Travelguide Cheap hostels Pictures

CAN I OBTAIN A DOCUMENT EQUIVALENT TO THE PRENUPTIAL AGREEMENT FOR THE COMMON LAW MARRIAGE IN COLOMBIA?

By
Esteban Rada
Colombian lawyer
Email: lawyerscolombia at yahoo.com

The answer is Yes, you can. Since the new faculties given to the notaries by the article 37 of the law 962 de 2005, and based on the law 979 of 2005, which state the creation of Fast mechanism to demonstrate the common law marriage and the economic effects of the union, the couple before starting the union, can draft an agreement concerning their properties owned prior the initiation of the union or the assets that will be bought during the time of union

This agreement which is an innovative item in the law is called CAPITULATION FOR COMMON LAW MARRIAGE.

The procedure to create the capitulation is ruled by the same law that regulates the prenuptial agreement, in consequence the same formalities must be accomplished in order to make the capitulation for common law marriage valid during the period of the union.

CAPITULATION for the common law marriage which is also called capitulation for marital union, different than marriage, there are several options available, according to the will of the couple and the cost of assets but the most popular are the following :

Capitulation for non creation of community of assets. With this document, the properties owned before or bought during the time of the union, will continue under the domain of the person who bought it and the other party won’t have any right.

Another option is partial separation of assets, which means you can share the properties that will be purchased during the common law marriage or you can state the assets owned before the union, will be part of the community assets.

The cost of the capitulation is determined by the type and the value of the assets included in the agreement plus registration and taxes. The notary fee can be 1.2% to 1.8 % of the total assets or more depending on the value of assets.

Due to the importance of the agreement which at the end of the union and during the liquidation stage, can mean loosing assets, I recommend advise from an attorney specializing in family law to help you write and accomplish the formalities to obtain a valid capitulation that can pass the exam in the court.

I would like to thank you to all who had written me and I will be glad to answer you all doubts.

Esteban Rada
Colombian Lawyer
Email: lawyerscolombia at yahoo.com

By lawyer CO on Jul 31, 2008, 12:44 in Visa & paperwork.

Ken says on Oct 3, 2008, 21:35:

Why the hell would you? Keep your money overseas and leave the country if you have to.

Why do middle aged men go there anyway?To Marry younger, beautiful women, with family values, and without having to worry about being "Taken to the Cleaners"

0 funny, 0 helpful.