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Disposition of Colombian assets following a U.S. divorce

One common question in my legal practice is made by US citizens who were married in Colombia, but moved to the U.S. and later divorced while living in the U.S.

In the United States, the judge will determine the separation of assets which are located in the U.S. However, when there are assets in Colombia, the situation can be solved in two different ways:

Option One: After the US divorce has been granted, the decision must be accepted in Colombia through a process called exequatur, in which case the judicial branch will determine if the American legal process can be applied here.

When the Colombian Court accepts the divorce and after its registration, the liquidation of assets can be done directly by the couple, who can choose the distribution of their properties. In case of a dispute, the Colombian family court will decide the disposition of assets. This method takes some time because the acceptance of a foreign divorce is a complicated process and in practice the second procedure is better.

Option two: Mutual agreement divorce. The express divorce was designed to end situations when the distribution of assets has been resolved outside Colombia or when the couple have been living apart for more than two years. This process is handled by a Colombian notary.

It will include under mutual agreement of parties such things as alimony, child support, custody etc. However, the notary will be the one to review the divorce agreement filed by the man and wife.

This option requires only one document or process unlike option number one.

The cost is more affordable than the one for the acceptance of a US divorce, plus the time (when there are no children) can be as maximum of five working days.

If you need assistance on a related matters or legal issues, don’t hesitate to contact me

Esteban R.
Colombian lawyer
Email: lawyerscolombia at yahoo.com

By lawyer CO on Oct 26, 2007, 06:08 in Visa & paperwork.

msaucey says on Oct 26, 2007, 07:35:

Thanks Esteban.... I'm sure this information will be useful to some.... Good to see you're still around...

The trouble about trying to make yourself stupider than you really are is that you very often succeed. - CS Lewis

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dwmte7 says on Oct 26, 2007, 15:13:

when dealing with a contentious divorce from the u.s. and i went back to see my daughter in colombia...the ex refused access. very sad/frustrating and all the above.

i originally went to colombia for the election of pres. c. gaviria as he had studied in my home town in calif. not knowing who to call on, i called on mr. gaviria--by this time he was pres. of the OAS--he sent me a copy of the international treaty which something like 140 countries are co signature...the u.s. and colombia being amongst those signing. he pointed out that if you have grief from beinestar de familia, show them this and remind them that colombia is obliged/obligated to respect the terms of child custody, visitation, etc. , as issued in an american court. the u;.s is likewise obligated to obey the orders of colombian courts.

dwmte

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dwmte7 says on Oct 27, 2007, 05:59:

hi, mario...glad it helps. that would be:

serie sobre tratados #70 OEA documentos oficiales OEA/ser. A/45 (SEPF)
"inter-american convention on the international return of children"
signed: Montevideo, Uruguay july 15th, 1989

contact: secretaria general; organization de los estados americanos (OAS); washington, d.c.

it finally became law, after all ratifications, november 4th, 1994

mr. gaviria sent me my copy free...i don't know if there is a charge.

hope it helps.
douglas

dwmte

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aracne says on Oct 29, 2007, 09:53:

Mario, there's no way to determined if that amount is fair or not, since in Colombia lawyers have regulations over the minimum they can charge for their services but not the maximum. If your divorce process is contentious (and not only on the beggining but also it's not possible to become of mutual agreement) then yes, it's a good price. What you can do is to insert a clause in your contract for legal services by which there will be a substantial reduction in case your wife (or ex-wife to be) agrees during the process to end it for mutual agreement.

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