ANNULMENT OF A CIVIL MARRIAGE IN COLOMBIA

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

Laws governing annulment of a civil marriage in Colombia

Law 57 of 1887 along with the civil code stated that all civil marriage are subject to annulment if they meet one of the following causes :

1. When there is a mistake on the identity of the mate. This cause can be invoked not only by the physical error that the person can suffer. For example he marries a different lady but with the same name of his girlfriend.

Today this cause has evolved and it is interpreted including error in the qualities of the person. Meaning that if you got married to a woman thinking that she wanted to have children and during the marriage she says she doesn’t like having kids, your petition of annulment can be sustained on that basis.

In my experience I have used this cause to demonstrate that the Colombian person married his/her mate solely for a visa or permission to obtain residency in another country and had no intention of living with the spouse permanently. (Marriage for residency or visa)

2. When the marriage was celebrated by a couple one or both were under the age of fourteen.

3. When the marriage was celebrated without free will by one or both parties. Example: The law presumes the lack of will for people declared insane by a court.

This cause is used nowadays to demonstrate that the plaintiff suffers a mental illness such as bipolar syndrome or multiple personalities

4. When marriage was done with a different authority not allowed by law.

Even though it isn’t common, there have been cases where the notary is changed to another person, a none notary, and what they created is a falsification of documents.

5. When the groom or the woman were forced to get married under threat or fear. Common example after the father finds out that his daughter is pregnant and threatens to kill the boyfriend if he doesn’t marry his girl.

6. When the woman was kidnapped and forced into the marriage against her free will.

7. When one of the parties has killed his/her previous mate.

8. When the couple is related in direct line such as father or daughter. It includes links created by adoption

9. When one of the members is legally married to another person and they have not been legally divorced.

The procedure to ask for annulment is done directly by the lawyer to the family court where the couple or the defendant lives, and in practice requires the same evidence as a divorce, the only difference is that if the case is won by the plaintiff both parties returned to the civil status of SINGLE and the person who caused the annulment is forced to pay a compensation for the damages. Regarding the kids, they keep the civil status of born in marriage.

The annulment requires a lot of experience by the lawyer because the technique to demonstrate the cause using the same evidence as divorce implies more interpretation and explanation to the court.

I would like to thank everyone who has written to me and I will be glad to answer your questions.

Esteban Rada
Colombian Lawyer
Email: lawyerscolombia at yahoo.com

By lawyer CO on Apr 18, 08:18 in Visa & paperwork.

Albatross says on Apr 18, 09:41:

4. "When marriage was done with a different authority not allowed by law"

In that case, they are not legally married, so what is there to annul ?

“Democracy - a pathetic belief in the collective wisdom of individual ignorance." - H.L. Mencken

lawyer CO says on Apr 18, 09:48:

For example, the civil judge can performe weddings but you go and get married but with a criminal judge.

The criminal judge is an authority but he is not allow to marry people

Esteban Rada
lawyer

CatGirl says on Apr 18, 11:13:

Esteban
Many loopholes for annulment in a Colombian marriage. Maybe 1,3 & 9 would have helped, huh? jeje

Keep in touch

ooops! ....Did I say that?

MaFe says on Apr 18, 11:25:

Thanks! Good to know these things!

"No comment" is a splendid expression. I am using it again and again." -Winston Churchill

osuspain says on Apr 18, 11:36:

It is good information. Thanks for the email. It appears financially which ever road travel is about the same or double of what one has invested with time, money and energy.

CatGirl says on Apr 18, 11:37:

Si MaFeosita....Mi Amiga, Esteban's style of educating his clients is very refreshing ;)

ooops! ....Did I say that?