This page is for foreign nationals married to a Colombian and for Colombians living abroad who need to end a marriage under Colombian law, or who divorced in another country and need that divorce to count in Colombia.
Colombian statutes have no official English version. The law is quoted in Spanish, as published; the bracketed English wording is an unofficial translation.
Two routes: notarial divorce by mutual agreement or court divorce
When both spouses agree, Article 34 of Law 962 of 2005 allows the divorce before a Colombian notary: «Podrá convenirse ante notario, por mutuo acuerdo de los cónyuges, por intermedio de abogado, mediante escritura pública, la cesación de los efectos civiles de todo matrimonio religioso y el divorcio del matrimonio civil» [The cessation of the civil effects of any religious marriage and the divorce of a civil marriage may be agreed before a notary, by mutual agreement of the spouses, through an attorney, by public deed].
The same article gives the notarial divorce full effect: «El divorcio y la cesación de los efectos civiles ante notario, producirán los mismos efectos que el decretado judicialmente» [Divorce and cessation of civil effects before a notary shall have the same effects as one decreed by a court]. Its paragraph adds a step where there are minor children: «El Defensor de Familia intervendrá únicamente cuando existan hijos menores» [The Family Defender shall intervene only when there are minor children]. That official is notified of the spouses’ agreement to give an opinion on the children’s protection.
Without agreement, the divorce goes to court. Under Article 22(1) of the General Code of Procedure (Código General del Proceso, CGP), family judges hear contested divorce proceedings at first instance. A divorce by mutual consent may also be processed before a judge as a non-contentious matter under Article 577(10) of the CGP, «sin perjuicio de la competencia atribuida a los notarios» [without prejudice to the jurisdiction granted to notaries].
Divorce laws in Colombia: the grounds in Article 154 of the Civil Code
Article 154 of the Civil Code lists ten grounds for divorce. Two are especially relevant to spouses who live apart. Ground 8: «La separación de cuerpos, judicial o de hecho, que haya perdurado por más de dos años» [Separation, judicial or de facto, that has lasted more than two years]. Ground 10: «La sola voluntad de cualquiera de los cónyuges» [The sole will of either spouse].
Article 156 of the Civil Code sets who may sue: «El divorcio solo podrá ser demandado por el cónyuge que no haya dado lugar a los hechos que lo motivan» [Divorce may only be sought by the spouse who did not give rise to the facts that motivate it], with the exception that article provides for ground 10. Under ground 10, either spouse may file at any time, and the claim «deberá ser acompañada de una propuesta de divorcio que contenga las medidas que hayan de regular los efectos derivados del mismo» [must be accompanied by a divorce proposal containing the measures that will govern its effects]. The respondent «solo podrá oponerse al contenido de la propuesta de divorcio, proponiendo una distinta» [may only oppose the content of the divorce proposal by proposing a different one]. Failing agreement between the spouses, the judge sets those measures (Civil Code, Article 160).
If there are children, paragraph 1 of Article 156 requires the proposal to state how the parents will contribute to their upbringing, education and establishment, the amount of child support and the place and manner of payment, custody and personal care, and visitation and its frequency. The judge must review the proposed child support on his or her own motion when minors are involved.
Divorce process in Colombia: Article 388 of the CGP
In court proceedings for divorce or cessation of the civil effects of a religious marriage, only the spouses are parties, though their parents may also intervene if the spouses are minors, and «El Ministerio Público será citado en interés de los hijos» [The Public Ministry shall be summoned in the interest of the children]. The judge ends the proceeding if the spouses or their attorneys withdraw it, and «El Juez dictará sentencia de plano si las partes llegaren a un acuerdo, siempre que este se encuentre ajustado al derecho sustancial» [The judge shall issue judgment summarily if the parties reach an agreement, provided it conforms to substantive law]. The death of either spouse or a reconciliation during the proceeding ends it. A copy of the judgment goes to the civil registry official to be recorded on the marriage record and on each spouse’s birth record.
Where to file a contested case: under Article 28(1) of the CGP, unless the law provides otherwise, the judge of the defendant’s domicile; if the defendant has no domicile in Colombia, the judge of his or her residence; and if there is no residence in Colombia either, or it is unknown, the judge of the plaintiff’s domicile or residence. Article 28(2) adds the judge of the former common domicile, «mientras el demandante lo conserve» [as long as the plaintiff keeps it].
Under Article 160 of the Civil Code, once the judgment is final the civil marriage bond is dissolved, the civil effects of a religious marriage cease and the marital property partnership (sociedad conyugal) is dissolved, while rights and duties toward common children remain, as do, where applicable, support rights and duties between the spouses unless voluntarily waived. Article 1820(5) of the Civil Code provides for dissolution by mutual agreement of capable spouses in a public deed that includes the inventory of the partnership’s assets and debts and its liquidation; the deed must be registered to be effective against third parties, the spouses remain jointly and severally liable to creditors whose title predates its registration, and the rule applies to liquidating a partnership dissolved by a judicially decreed divorce.
Divorced abroad? Recognition through exequatur
Under Article 606 of the CGP, a foreign judgment takes effect in Colombia only if it meets the requirements listed there. Under Article 605, judgments and other decisions of that nature issued by foreign authorities have the force granted by the treaties in force with that country and, failing a treaty, the force that country gives to Colombian judgments.
Article 606 requires that the judgment not concern rights in rem over property located in Colombia when the foreign proceeding began; not be contrary to Colombian public order laws, except procedural ones; be final under the law of the country of origin and be filed «en copia debidamente legalizada» [in a duly legalized copy]; not concern a matter of exclusive Colombian jurisdiction; that no Colombian proceeding be pending and no final Colombian judgment exist on the same matter; in contested cases, that the defendant was duly summoned and heard under the law of the country of origin, which is presumed from finality; and that exequatur be granted.
Under Article 607 of the CGP, the claim is filed with the Civil Cassation Chamber of the Supreme Court of Justice, unless a treaty assigns it to another judge, and the party affected must be summoned if the case was contested. Documents not in Spanish are filed with «su traducción en legal forma» [their translation in legal form]. The Court rejects the claim if any requirement in items 1 to 4 of Article 606 is missing.
Power of attorney and documents signed outside Colombia
Under Article 74 of the CGP, a special power for one or more proceedings may be granted by private document, with the matters specified and clearly identified. The same article requires a special power for judicial purposes to be presented in person by the grantor before a judge, a judicial support office or a notary. A power may be executed abroad before a Colombian consul or the official local law authorizes; in the latter case it is authenticated as Article 251 provides. Article 74 also allows a special power by data message with a digital signature.
For any judicial action, Article 5 of Law 2213 of 2022 allows a special power by data message, «sin firma manuscrita o digital, con la sola antefirma» [without a handwritten or digital signature, with only the signer’s name block], presumed authentic without personal appearance or acknowledgment. The power must state the attorney’s email address as registered in the National Registry of Attorneys. That article refers to judicial actions; it does not govern the power for the notarial route.
In court proceedings, foreign public documents, such as a marriage certificate or a foreign judgment, are filed apostilled under the treaties ratified by Colombia or, if the country is not a party to that instrument, authenticated by the Colombian consul or diplomatic agent there or, failing that, by that of a friendly nation (CGP, Article 251). To be assessed as evidence, documents in another language need a translation by the Ministry of Foreign Affairs, an official interpreter or a translator appointed by the judge.
How ADALET LEGAL works on your case
We first review where you married, where each spouse lives, any children or property in Colombia, and any foreign judgment. We then explain which route the law allows in your case, list the documents needed and prepare the power of attorney in the form that route requires. We make no promises about results or timeframes, and we report on each step.
Frequently asked questions
Can I get a divorce in Colombia if my spouse does not agree?
You can file a claim in court. Article 154(10) of the Civil Code allows divorce based on the sole will of either spouse, and Article 156 requires the claim to include a proposal on the effects of the divorce.
Is a divorce before a Colombian notary valid?
Yes. Under Article 34 of Law 962 of 2005 it has the same effects as a court divorce. It requires mutual agreement, an attorney and a public deed.
Is my foreign divorce valid in Colombia?
A foreign judgment, or another decision of that nature (CGP, Article 605), takes effect in Colombia only if it meets Article 606, including exequatur before the Supreme Court of Justice, unless a treaty assigns another judge (Article 607).
Can I sign a power of attorney for a Colombian divorce from abroad?
For court proceedings, Article 74 of the CGP allows a power to be executed abroad before a Colombian consul or a locally authorized official, and Article 5 of Law 2213 of 2022 also allows a special power by data message.
What happens with the children in a Colombian divorce?
Before a notary, the Family Defender intervenes when there are minor children (Law 962 of 2005, Article 34). In court, the Public Ministry is summoned in their interest (CGP, Article 388). Duties toward common children remain (Civil Code, Article 160).
How much does a divorce cost in Colombia?
It depends on the route, children, property, foreign documents and any exequatur. Our fees are agreed in writing before we begin.
Contact us
Send us a short description of your situation and the country where you live by WhatsApp. We will tell you which documents we need to review first.
Related pages
Colombian lawyer for clients abroad · Abogado colombiano para quienes viven en el exterior · Derecho de familia · Cómo iniciar un proceso de alimentos en Colombia · About ADALET LEGAL See also power of attorney for Colombia. See also inheritance in Colombia.