Getting married in Colombia as a foreigner involves several legal requirements and steps. Here’s a detailed guide on what you need to know:
1. Legal Age
- Minimum Age: Both parties must be at least 18 years old to get married in Colombia without parental consent. If either party is between 14 and 18 years old, they can marry with parental consent, but this is less common.
2. Types of Marriages
- Civil Marriage: This is the most common form of marriage in Colombia, especially for foreigners. It’s legally recognized and conducted by a Notary Public or a local judge.
- Religious Marriage: A religious marriage (e.g., Catholic) is also recognized legally, but you must register the marriage with the local civil registry for it to have legal standing.
3. Required Documents
- Passport: A valid passport is required for both the foreigner and the Colombian national.
- Birth Certificate: The foreigner must provide a certified copy of their birth certificate, which must be apostilled (a form of authentication) in the country of origin and translated into Spanish by a certified translator if it’s not already in Spanish.
- Affidavit of Marital Status (Declaración Juramentada de Soltería): A sworn statement or affidavit that certifies the foreigner’s marital status (single, divorced, or widowed). This document must be notarized and, if done abroad, apostilled and translated into Spanish.
- Divorce Decree or Death Certificate: If the foreigner has been previously married, they must provide a certified copy of the divorce decree or the death certificate of the former spouse. These documents must be apostilled and translated into Spanish.
- Certificate of No Impediment to Marriage (Certificado de Capacidad Matrimonial): Some countries issue this certificate, which states there is no legal reason why the person cannot marry. It must be apostilled and translated into Spanish if applicable.
- Medical Exam (Optional): Some notaries may require a medical exam for both parties to ensure neither has any diseases that would affect the marriage. However, this is not always mandatory.
4. Process for Civil Marriage
- Step 1: Document Submission: Submit all required documents to the Notary Public where the marriage will take place. The notary will review the documents to ensure everything is in order.
- Step 2: Waiting Period: Once the documents are approved, there is typically a short waiting period (usually a few days) before the marriage can take place.
- Step 3: Civil Ceremony: The civil ceremony is conducted by a Notary Public or a judge. The couple, along with two witnesses, must be present. The ceremony is usually brief and focuses on the legal aspects of marriage.
- Step 4: Marriage Certificate: After the ceremony, the couple will receive a marriage certificate (Registro Civil de Matrimonio). This document is crucial for legal purposes and can be used to update legal status, apply for residency, etc.
5. Additional Considerations
- Witnesses: Two witnesses are required for the civil marriage ceremony. They must be over 18 years old and present valid identification. Witnesses can be friends, family members, or acquaintances.
- Translation Needs: If the foreigner doesn’t speak Spanish, an interpreter may be required during the marriage process, especially during the civil ceremony.
- Residency: Marriage to a Colombian citizen does not automatically grant residency. However, the foreign spouse can apply for a marriage visa (M-1 visa), which allows them to reside and work in Colombia.
- Prenuptial Agreements: If either party wishes to have a prenuptial agreement, it must be drawn up and notarized before the marriage ceremony. This document should outline the division of assets and other financial matters.
6. Religious Marriage Requirements
- Church Requirements: If you choose a religious marriage, you’ll need to comply with the specific requirements of the church or religious institution. For example, the Catholic Church may require baptismal certificates, confirmation certificates, and participation in pre-marriage counseling.
- Civil Registration: After the religious ceremony, the marriage must be registered with the civil authorities to be legally recognized. This is done by submitting the marriage certificate to the local civil registry office.
7. Post-Marriage Steps
- Name Change (Optional): If the foreign spouse wishes to change their name after marriage, this must be done legally in both Colombia and their home country.
- Visa Application: The foreign spouse can apply for a marriage visa (M-1 visa), which can lead to permanent residency. This process requires the marriage certificate and proof of the relationship.
- Marriage Recognition Abroad: If the couple plans to live in the foreign spouse’s home country, they may need to register the Colombian marriage in that country. This often involves submitting the Colombian marriage certificate and other documents to the relevant authorities.
8. Common Challenges
- Document Preparation: Ensuring all documents are properly apostilled, translated, and notarized can be time-consuming. It’s important to start this process well in advance.
- Bureaucratic Delays: As with any legal process, there can be delays. Working with a local lawyer or legal advisor can help navigate the process more smoothly.
9. Legal Recognition
- International Recognition: Colombian marriages are generally recognized internationally, but it’s advisable to check with your home country’s embassy or consulate to confirm specific requirements or steps needed for recognition.
10. Conclusion
Getting married in Colombia as a foreigner involves careful preparation of documents, understanding legal requirements, and possibly dealing with language barriers. Whether opting for a civil or religious ceremony, ensuring that all paperwork is in order and seeking local advice can make the process smoother. Once married, the foreign spouse can pursue residency options in Colombia, making it easier to live and work in the country.
