Getting "separacion de bienes" after marriage

Hi,

I'm married to a colombiana, we are married in Colombia and our marriage is registered in Sweden where we used to live.In Sweden we had the court give us "separacion de bienes". Now we've decided to settle in Colombia and we want a desicion to be taken also here that seperate our belongings due to that she had some previous problems (before we got married) in Colombia being a fiance for a friend that did'nt pay her loans. Now, is it possible to get "separacion de bienes" after the marriage is concluded? Can anyone touch my belongings after we get it?

By andersson_s on Dec 26, 2007, 13:05 in Visa & paperwork.

lawyer CO says on Dec 26, 2007, 13:40:

Well, as family lawyer i can tell you that the separacion de bienes is not the way to protect the assets, yes sometimes people use it but at the end is to create more problems.

The correct way i would recommend is the liquidation of the community of assets created by the marriage in Colombia. For the sweden stuff another procedure would be needed.

your questions about separation of bienes: Yes you can do it but is a process similar to a divorce and do not end all the reponsability for the debts.

Can people touch your stuff? yes, the community of assets is responsable fro all the debts and late payments that the couple or one member owns.

Esteban R.
colombian lawyer
email : lawyerscolombia at yahoo.com

robi666 says on Dec 26, 2007, 14:10:

Esteban,
in Italy the "separaciones de bienes" is the same as the "Liquidación de sociedad conyugal" in Colombia. Just a different name. I'd believe in Sweden too.
Which is the difference in Colombia? For what I know, an act called "separaciones de bienes" does not exist in Colombia (or it's not commonly used)... but I am not a lawyer.

Now, the question is:
is the act signed in Sweden valid in Colombia?

To answer Anderson's question:
Yes, you can sign a "Liquidación de Sociedad Conyugal" afterwards in any notaria. In that act, you both (you and your wife) will define the property of each existing asset and that the future assets will belong exclusively to the one buying them (if not expressly defined a percentage of ownership).

"I am a citizen of the most beautiful nation on earth. A nation whose laws are harsh yet simple, a nation that never cheats, which is immense and without borders, where life is lived in the present."

lawyer CO says on Dec 26, 2007, 17:31:

Robi, the separacion de bienes DOES EXIST but it has specific causes . In example the partner is in risk to be financially broken so the woman in the same process as the divorce, asks the judge to order the separacion de bienes. which is different to liquidacion de sociedad conyugal.

The problem here is the act, it can work only for sweden assets but no colombian so the only option is liquidate de sociedad conyugal. Of course, depends to the mood of the couple ( to define if in anotary or court)

This is a large discussion to never end, and happens every where

Esteban

andersson_s says on Jan 1, 2008, 10:21:

Thank you very much for your valuable information and a very prosperous new year
Sven