How to Make your Prenuptial Agreement in Colombia?

June 20, 2023

Marriage is a significant and life-changing event that brings two individuals together to share their lives and build a future. However, with marriage comes the possibility of disagreements and conflicts, which can lead to the breakdown of the relationship. This is where a prenuptial agreement comes into play. A prenuptial agreement is a legal contract between two people before they get married that outlines how assets, debts, and other important matters will be handled in the event of a divorce or separation.

In Colombia, prenuptial agreements have become increasingly popular in recent years, with many couples choosing to protect their assets and finances before tying the knot.

At AGT Attorneys, we specialize in Family Law and offer legal advice and guidance to couples who are considering a prenuptial agreement. Our team of experienced lawyers understands the importance of protecting your assets and can help you navigate the legal complexities of a prenuptial agreement in Colombia.

What is a prenuptial agreement in Colombia?

According to article 1771 of the Colombian Civil Code, a prenuptial agreement is a convention or agreement celebrated between spouses before the marital union. The prenuptial agreement establishes the conventions related to the assets brought by the spouses to the marriage, any donations or concessions made. The prenuptial agreement is also applicable to permanent partners.

Why is a prenuptial agreement important?

The purpose of this provision is to enable prospective spouses or partners to declare, through a public document prior to the commencement of their marital or financial partnership, the manner in which they intend to manage their assets, while retaining complete freedom and legal capacity to do so.

What Could Happen if I Don't Make and Sign a Prenuptial Agreement?

The assets that you accumulate prior to your marriage/union in Colombia are usually not up for debate when dissolving any marital union in Colombia. However, in the absence of a prenuptial agreement or if you were to sell assets to acquire new ones during the relationship, you will likely open yourself to risk if you don't arrange this "prenup agreement".

Several benefits are accessed when a prenuptial agreement is signed. They allow:

• To determine what assets the future spouses or partners will contribute to the marital or property partnership formed by the marriage or common-law marital union.
• To specify the donations or concessions that they want to make on the occasion of the marriage.
• To agree on the faculties that the future spouses or partners grant each other for the management and administration of the assets.

What Type of Visa is granted to foreigners who marry a Colombian national?

The Migrant Visa in Colombia (Visa type M) should be applied by people who:

• Are spouses or permanent partners of a Colombian national.
• Have a parent or child who is a Colombian national.
• Are retired and want to live in Colombia.
• Have acquired capital in a commercial company or bought real estate.
• Fall under any other situation specified in Resolution 5477 of 2022.

The Migrant Visa for spouses, is established for foreigners who are married to a Colombian citizen and aspire to live effectively with their Colombian spouse in the country. The specific requirements to apply for this visa include: copy of the civil registry document, letter of request by the Colombian spouse, certification of migratory movements, among others.

How to Make my Prenuptial Agreement?

A prenuptial agreement in Colombia must follow some formalities, in this case they must be done through a public deed before a public notary, done before the marriage and include the express manifestation of the assets and debts of the spouses.

A couple who are going to get a prenuptial agreement should always consult an attorney at law with the knowledge in these matters. It is healthy to consider subscribing a prenuptial agreement before getting married.

When signing a prenup, several benefits are guaranteed like protecting one's future assets, avoiding an expensive and unnecessary judicial process, among others. Here at AGT Attorneys, our lawyers will surely guide you and clarify all the doubts you may have about marriage and prenuptial agreements in Colombia.

Do not hesitate to contact us by filling this Contact Form or through our WhatsApp number +57 3105706331.

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