lawyer CO has written 36 posts
DOMESTIC WORKERS AND COLOMBIAN LAW
By ESTEBAN RADA COLOMBIAN LAWYER Email: lawyerscolombia at yahoo.com I have had many questions about domestic workers and the Colombian law. I decided to write a summary of concepts that employees must know regarding this topic. Definition: It is the person who executes Cleaning activies, cooking, child care, and other types of activities related to the normal maintanance of a house. There are 2 types of workers: Intern: This means that they reside in their place of work. Daily: T ...
Is a WILL written outside of Colombia legal?
By Esteban Rada Colombian lawyer Email: lawyerscolombia at yahoo.com According to the articulo 1084 of the Colombian civil code, a “will� written and approved in a foreign country is legal in Colombia if the following steps are followed. a) The will was written according the requirements of the Colombian law for this type of document. Meaning in practice that the will was written following the instructions as if it was drafted inside Colombia. b) The person who is signing the ...
ANSWER ABOUT REQUIREMENTS TO OPEN A BANK ACCOUNT WITH ONLY A PASSPORT OR CONTRASEĂ‘A
by Esteban Rada colombian lawyer lawyerscolombia at yahoo.com Hello everyone. I just received this answer...there are 3 pages but in specific terms says: a) the contraseña is a document that certifies that the cedula is being done. For that reason, the bank can reject it due to is not a complete ID that matches the requirements of the Protocol antiterrorism " Instrucciones Relativas a la Administración del Riesgo de Lavado de Activos y de la Financiación del Terrorismo� –SAR ...
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. ...
PROTECTION of the FAMILY`S Primary Home/Residence
by Esteban Rada Lawyer CO colombian lawyer Email: lawyerscolombia at yahoo.com The protection of the primary residence where the family lives is governed by Colombian law 258/96 as a judicial form created by the Congress to provide security for the family home. The protection of the primary residence is strong and protected by Colombian law. The contract must be signed by the couple. This law excludes a single person/home owner and applies only to a couple. The home is protected wit ...
Time required for an express Colombian divorce
BY ESTEBAN RADA “LAWYER CO� ENGLISH SPEAKER COLOMBIAN LAWYER EMAIL. lawyerscolombia at yahoo.com According to the law 962 of 2005, Colombia authorized a mutually approved divorce with a notary when the couple agrees on the terms of the divorce. This option was created as a tool to avoid the procedure in court, which always takes time and is more expensive. Can you get divorced in 2 hours? In real life, it can not. A normal divorce when the couples agree on the terms a minimum of ...
If I am foreign person with three children but one of them is my favorite, Can I leave him all my Colombian assets?
BY Esteban Rada LAWYER CO Colombian lawyer Email: lawyerscolombia at yahoo.com In my professional experience, this is a common question made by non Colombian clients who want to write a will and give more assets to a certain relative. However, in Colombia the law regulates the WILL/testament therefore the document is valid only if it follows certain rules Now, how can I make a WILL when I have children? If you have assets in Colombia, you make a sum of the total value. This result is ...
THE WILL AND SUCESSION (INHERITANCE) PROCESS IN COLOMBIA
by Esteban R.( Lawyer CO) colombian lawyer email: lawyerscolombia at yahoo.com Because of several questions about WILLS, ESTATES, AND THE INHERITANCE processes in Colombia, I have decided to comment about the topic to illustrate TO PBH members how Colombian laws deals with this matter. Succession or Inheritance laws for foreign citizens There are two ways to study it. a) The death of a foreign citizen. b) When the foreign citizens receive a legacy. (inheritance) a) In the fir ...
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 ...
License for second civil wedding
by Esteban Rada Ortega Colombian Lawyer Areas of work: family law, civil law, immigration, commercial law Email: lawyerscolombia at yahoo.com The legal advance in many countries has created a special need to protect children in their physical and economic conditions. For that reason, many judicial laws and procedures were developed in order to protect their rights. One of the custody’s institutions is called “License for second wedding�. This procedure was born under the idea t ...
How does a divorce granted by a foreign court effect a wedding that took place in Colombia. ?
By Esteban R. Colombian lawyer Areas of work: family, civil, commercial and immigration law. Email: lawyerscolombia at yahoo.com According to the Colombian civil code and the law 1 of 1976, the couple who were married in Colombia but acquired the divorce in a foreign court, will have a special rule in order to make the dissolution of marriage legal in Colombian and therefore the end of the union. According to the legal text of the law 1/76, when the divorce is obtained outside Colombia an ...
Foreign Pensioners and their obligation to pay into the Colombian pension program
By Esteban R. Colombian lawyer Email: lawyerscolombia at yahoo.com CIRCULAR EXTERNA NUMERO 0032 The Social Protection Secretary degree 205/03, establishes which people are exempt from paying into the Colombian pension program. This law also applies to foreign pensioners who are living in Colombia and are required to contribute to the Colombian Pension program when they apply for the Colombian health insurance ( EPS). To determine for what type of cases the rule applies too, it is impo ...
Pensionado Income tax and general tax information.
Pensionado Income tax and general tax information.
By
Esteban R.
Colombian lawyer
Email: lawyerscolombia at yahoo.com
This is a short response to the questions regarding tax of foreign pensions and other income while residing in Colombia. I contacted DIAN which is equivalent to the U.S. Internal Revenue Service for answers to these questions. The following information is current as of 7 April 2007
Definitions:
WHAT SHOULD I DO IF I WANT TO GET MY KID OUT OF COLOMBIA?
By
Esteban R.
Colombian lawyer
Email: lawyerscolombia at yahoo.com
Areas of work: family law, immigration, divorces, visas, commercial law.
15 days ago, the law 1098 of 2006 started to rule in the aspect related to minors, including their criminal and civil liability. Despite the crucial elements that the code created, most people don’t know them yet.
For example, the law has to be applied to any teenager not matter if he/she doesn’t hav ...
tax for pensionado visa
Good morning everyone!
I want to inform all of you that yesterday i went to DIAN`S office and fill in a written petition in order to know the taxes rules that work for foreign citizens who have pensionado visa.
The guy told me that can take 15 working days so i will put a post as soon as i have the answer.
greetings
Esteban R.
colombian lawyer
email: lawyerscolombia at yahoo.com ...
legal obligations in Colombia for the married couple
OBLIGATIONS BETWEEN THE MARRIED COUPLE
By
Esteban R.
Colombian lawyer
Email: lawyerscolombia at yahoo.com
According to the article 176 of the Colombian civil code, man and wife are obligated to be loyal between them and to help each other during the time of living together.
The following is the list of rights and obligations of the couple-
1. Man and wife have a common guidance of the house. This right can be d ...
separation of bodies ( way to postpone a divorce)
Separation of Bodies
To continue with the series of articles about the forms to end the marriage here in Colombia, today I will show you the last option. Its name is Separation of Bodies and it is legal tool used to suspense the union of the couple without finishing the link.
The causes are the same than for a divorce but the time to stay separated can be forever (hoping to reconsider the decision to not get divorce) or temporal, which is maximum one year. For the l ...
legal advice of the week
LEGAL ADVICE OF THE WEEK
DUE TO THE IMPORTANCE I HAVE WRITTEN ABOUT THE PRENUPTIAL AGREEMENT
For those who has written question to my email, thank you.
Remember I work in all areas of Colombian law specially FAMILY LAW, ADOPTION, COLOMBIAN VISA, CREATION OF ENTERPRICES IN COLOMBIA, DILIGENCES WITH THE GOVERNMENT, DIVORCES.
My fees are based on the rules of the MedellĂn bar of lawyers association and the rules of the secretary of Just ...
divorce in Colombia
The Divorce in Colombia
Last week in my post I wrote about the annulation of a marriage, because so many people wrote me doubts about legal aspects, today I will explain what a divorce is and the causes to ask for it.
According to article 154 of the Colombian Civil Code, the divorce is a way to end the link created by the marriage. The law 25/92 explains which the causes are:
1. Sexual relations outside the marriage.
2. violence, cruel behavior ...
legal advice of the week
LEGAL ADVICE OF THE WEEK
DUE TO THE IMPORTANCE I HAVE WRITTEN ABOUT THE PRENUPTIAL AGREEMENT
For those who has written question to my email, thank you.
Remember I work in all areas of Colombian law specially FAMILY LAW, ADOPTION, COLOMBIAN VISA, CREATION OF ENTERPRICES IN COLOMBIA, DILIGENCES WITH THE GOVERNMENT, DIVORCES.
My fees are based on the rules of the MedellĂn bar of lawyers association and the rules of the secretary of Just ...
Annulation of Marriage and its effects
Annulation of Marriage and its effects
Due to the many questions sent to my email related to the figures of annulation, divorce and separation of bodies, I will write a brief summary defining what they mean and their effects over the link of the wedding. This week is the ANNULATION
According to the Colombian civil code the annulation of the marriage works when one of these causes is demonstrated on trial:
1. When there has been a mistake on the person ...
legal advice of the week
LEGAL ADVICE OF THE WEEK
DUE TO THE IMPORTANCE I HAVE WRITTEN ABOUT:
Can a Colombian citizen sue for alimony in Colombia when the defendant is in USA? SECOND PART OF ARTICLE
For those who has written question to my email, thank you.
Remember I work in all areas of Colombian law specially FAMILY LAW, ADOPTION, COLOMBIAN VISA, CREATION OF ENTERPRICES IN COLOMBIA, DILIGENCES WITH THE GOVERNMENT, DIVORCES.
My fees are base ...
Can a Colombian citizen sue for alimony in Colombia when the defendant is in USA?
SECOND PART OF ARTICLE
Two weeks ago, I wrote a text in which I explained the possibility of being sued in USA from Colombia; in the case you had alimony’s debts.
Yesterday, an old friend who works as an assistant for the district attorney told me that his office won a case in which a criminal judge declared guilty an American citizen, who had sums unpaid and they were related to alimony debts.
As foreign citizens you can ask how this happened. Well ...
legal advice of the week
LEGAL ADVICE OF THE WEEK
For those who has written question to my email, thank you.
Remember I work in all areas of Colombian law specially FAMILY LAW, ADOPTION, COLOMBIAN VISA, CREATION OF ENTERPRICES IN COLOMBIA, DILIGENCES WITH THE GOVERNMENT, DIVORCES.
My fees are based on the rules of the MedellĂn bar of lawyers association and the rules of the secretary of Justice.
Don’t hesitate to write me for any question you have.
< ...
Requirements to adopt a minor in Colombia. New Law 1098 of November 8/06
The new Colombia law that modifies the minor’s regulation changed on some aspects the rules for the adoption of a child in the nation. For the PBH member here is a brief view:
Article 68 Requirements to adopt a MINOR: A person can adopt when he is over 25 years old and 15 years older than the child to adopt. Plus there has to be evidence of economic solvency, moral and physical ability to raise a kid. These same qualities would be required to the partner when a couple is trying ...
LEGAL ADVICE
legal aid
Well I decided to enjoy this community because i saw many legal question needing an answer.
I can give a brief response to some doubts but if you have further problems please contact me to my email : lawyerscolombia at yahoo.com
I usually work topics such as divorce in Colombia and US, Visas, work`s contract, TUTELAS, PETITION RIGHTS and any kind of legal text.
I hope to be asked
Esteban
email : lawyerscolombia at yahoo.com ...
divorce for civil and catholic weddings
The differences between a divorce for a civil wedding and a catholic.
One common question is the one relative to the divorce of a catholic wedding. In first place, the Vatican doesn’t admit the divorce, it only allows an annulation. This legal process is taken in the last place of residence of the couple. It can take 6 months in first instance and another 3 months in appeal court. For those who want a third revision should go to Rome.
This annulation is extremely ...
LEGAL ADVICE
LEGAL ADVICE OF THE WEEK
For those who has written question to my email, thank you.
Remember I work in all areas of Colombian law specially FAMILY LAW, ADOPTION, COLOMBIAN VISA, CREATION OF ENTERPRICES IN COLOMBIA, DILIGENCES WITH THE GOVERNMENT, DIVORCES.
My fees are based on the rules of the MedellĂn bar of lawyers association and the rules of the secretary of Justice.
Don’t hesitate to write me for any question you have.
< ...
difference between divorce and annulation of religous wedding
Annulations of religious marriage
The process for getting the annulation of a marriage celebrated in a church takes place in the Religious Court. In Colombia, matters about catholic weddings are resolved inside Canonic Tribunal, which are placed in the city where the union was made.
The article 42 of Colombian Constitution accepts the sentences from those tribunals BUT the liquidation of assets must be done in a separate process with the family judges.
LEGAL ADVICE
legal aid
Well I decided to enjoy this community because i saw many legal question needing an answer.
I can give a brief response to some doubts but if you have further problems please contact me to my email : lawyerscolombia at yahoo.com
I usually work topics such as divorce in Colombia and US, Visas, work`s contract, TUTELAS, PETITION RIGHTS and any kind of legal text.
I hope to be asked
Esteban
lawyerscolombia at yahoo.com ...
CAN NOT LEAVE THE COUNTRY BECAUSE I GOT SUED FOR FOOD OBLIGATION
I can not leave Colombia because I got sued for food’s obligation.
It is a fact that today Colombian authorities have the order to arrest and not let visitors leave the country, when they have been sued by the subject of food for their children or wife.
The article 148 of the code for minors prescribes that any judge could order the DAS (immigration authority) to stop the defendant in any airport and make him pay a bail for getting his freedom again before the tri ...
LEGAL ADVICE
LEGAL ADVICE OF THE WEEK
For those who has written question to my email, thank you.
Remember I work in all areas of Colombian law specially FAMILY LAW, ADOPTION, COLOMBIAN VISA, CREATION OF ENTERPRICES IN COLOMBIA, DILIGENCES WITH THE GOVERNMENT, DIVORCES.
My fees are based on the rules of the MedellĂn bar of lawyers association and the rules of the secretary of Justice.
Don’t hesitate to write me for any question you have.
< ...
LEGAL ADVICE OF THE WEEK ( COMMON LAW MARRIAGE IN COLOMBIA)
COMMON LAW MARRIAGE IN COLOMBIA
According to the law 54 of 1990, the common law marriage is defined as the union made by a man and a woman who are not married but live in together as a community.
The characteristics required for the creation of common law marriage are:
1. Living together without being married.
2. Permanent union.
3. The couple must be a man and woman.
Like the marriage, the common law union creat ...
legal help in Colombia
I decided to enjoy this community because some people needed a legal advice. For those who had sent their questions, thank you.
PLEASE READ MY WEEK`S COLUMN NAMED
LEGAL ADVICE FOR GETTING MARRIED TO A COLOMBIAN PERSON WHO HAD A PREVIOUS WEDDING
If you legal problems in Colombia, please write me to lawyerscolombia at yahoo.com
I work in areas as DIVORCES, COLOMBIAN VISAS, PETITION RIGHT, ADOPTION, TAX LAW, CUSTOM LAW, CREATION OF BUSSINESS IN COLOMBIA, C ...
LEGAL ADVICE FOR GETTING MARRIED TO A COLOMBIAN PERSON WHO HAD A PREVIOUS WEDDING
LEGAL ADVICE OF THE WEEK
For those who has written questions. Thank you!
The topic of this week is about the SECOND WEDDING.
Colombia civil code in its article 169 specifies a special obligation for the person who wants to marry again.
The situation occurs when a man or woman has children of previous marriage under his or her custody and desire to tie the knot again. The law requires the person to go to a court and ask the judge for a s ...
excuses and addtional information of the legal advice of the week
Additional information for legal advice
First, I am very sorry for putting on the web site so many comments, I made a mistake because the last time I had to write for each forum but yesterday I saw that I only need to write for one time.
Buying property in Colombia is not easy. These are some limitations for not citizens.
1. The type of Visa. In example as a tourist, you can not buy property.
2. The taxes : you need to be registered in the dist ...
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