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Capitulaciones Or Pre-Nup Agreement In Colombia?

I´m curious to know how a prenupual agreement functions in Colombia. My understanding is that you can register property you owned prior to the marriage but that the registration is of course via a notaria who charges a hefty percentage of the value of the registered properties. I gather that you can not protect future aquisitions occurring during the marriage. Should you (un hombre) marry after signing the prenup and later divorce with out having aquired new property (cars houses etc.) during the marriage what is your liability to the ex wife?

How does Colombian law differ from US law in this regard? I realize that in the US it may vary from state to state but in general?

By Atrevido on Sep 28, 2009, 15:36 in Friendly Talkzone.

makopp5 (☼Travelguide writer) says on Sep 28, 2009, 16:06:

Atrevido
it`s not so complicated I have done this before my marriage. When I bought a house my wife had to sign again (that the house is not part of the marriage). The first cost me about 600.000 Pesos in 2004.

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tabla says on Sep 28, 2009, 16:14:

I have seen two opinions from two lawyers. One said that the only option is a capitulacion, which simply states that no community property deal comes into existence and therefore requires no declaration of assets and therefore no percentage fee. The other said that you could have some kind of a prenup. Never did get to the bottom of it.

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Bluesdude says on Sep 28, 2009, 16:46:

Mine listed my real property and then generically stated that what was mine before doesn't get shared and what was hers before doesn't get shared. My lawyer said that if I sell the apt and buy something else I have to state that the proceeds from the apt were mine before and not subject to community property. Anything acquired jointly during the marriage which doesn't derive from funds or property owned before the marriage is split 50-50 upon divorce. If you feel like it later, you can always add your spouse to the title of whatever you want her to have.

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Atrevido (☼Travelguide writer) says on Sep 28, 2009, 17:45:

So the capitulaciones acuerdo protects only property owned prior to the marriage and any aquisitions that occur during the marriage must be split 50/50 is that right?

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makopp5 (☼Travelguide writer) says on Sep 28, 2009, 18:01:

Atrevido
yes and no. I bought a house after my marriage. My wife signed at the notary a paper, that this house is not included in the marriage and there is np split when there is a divorce.

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Atrevido (☼Travelguide writer) says on Sep 28, 2009, 18:24:

Well lets hope there isn´t one. What she signed sounds like a "post nuptial" agreement which I´ve also heard of.

https://sites.google.com/site/colombianaturesite/nature-images

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theflatline says on Sep 28, 2009, 19:41:

mak,

if you bought it after you were married it is still community property. Whatever you signed does not supercede the law.

Legaleez for Complete Morons - A book for gringos in Colombia for who think they understand the nature of the law in a country where they cannot speak the language.

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makopp5 (☼Travelguide writer) says on Sep 28, 2009, 19:52:

tfl
my wife signed a paper, that this is not included because we make at the beginning capitulaciones and the money did not come from work in Colombia

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robbie1 says on Sep 28, 2009, 20:05:

Makopp, assuming those papers are legally binding, do you have any concept how long something like that could be in the Colombian family court system? It could be a decade. And the whole time she will live there! Hope it doesn't happen, but ....

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makopp5 (☼Travelguide writer) says on Sep 28, 2009, 20:07:

robbie
nothing special, most of mine colombian friends have done it.

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theflatline says on Sep 28, 2009, 20:15:

makopp,

I just asked my dad, who is a divorce attorney in Colombia, and he says it does not matter, you bought it in Colombia after you were married, and any attorney worth anything could get her a piece of that house. Does not matter where the money came from. You bought it when you were together, so it is community property.

Legaleez for Complete Morons - A book for gringos in Colombia for who think they understand the nature of the law in a country where they cannot speak the language.

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makopp5 (☼Travelguide writer) says on Sep 28, 2009, 20:23:

tfl
don`t worry it`s ok and it works, you do not know all details.

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robbie1 says on Sep 28, 2009, 20:37:

In my ex's family, I didn't meet ONE adult female who was happily married. ALL were "divorced". However, none that I know of were legally divorced. There has got to be a reason why they (dozen or so) did not get divorced.

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makopp5 (☼Travelguide writer) says on Sep 28, 2009, 21:21:

elsapo
do you know all the details of my papers?

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miamimike says on Sep 28, 2009, 22:14:

Ouch!

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El Expatriado says on Sep 29, 2009, 04:38:

All I can say, if you want to be sure, follow the adage "If it Floats, Flys or Fucks, rent it".Don't buy any property in Colombia. Second choice is get her to sign a pre-nup, which always goes over like a lead balloon

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El Expatriado says on Sep 29, 2009, 04:42:

Makopp, if it's anything like Canada, it aint worth the paper it's written on, no matter what paper you signed. Prenupas are juast aploy to get mor $$ for the bottom dweller lawyers. If it's any consolation, property values in Colombia are squat, and you'd get half anyways.

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