Family
Court-recognised equal marriage and notarial divorce
The Constitutional Court recognised same-sex marriage in decision SU-214 of 2016, and earlier recognised same-sex de facto unions. The unión marital de hecho under Ley 54/1990 creates a patrimonial community after two years of cohabitation. Consensual divorce may be completed before a notary, while contested divorce goes to a family judge.
Key rules
- Jurisdiction — National substantive law applied by family courts and notaries
- Deadline — Patrimonial community in a de facto union arises after two years of cohabitation
- Deadline — Claim to liquidate the union's assets: one year from separation
Governing law
- Código Civil Colombiano, Book I
- Ley 54/1990 - Unión Marital de Hecho
- Ley 1564/2012 - Código General del Proceso
In practice
Colombia's equality advances came largely through constitutional adjudication rather than legislation, with the Court repeatedly holding that excluding same-sex couples from marriage and adoption breached the equality guarantee. The one-year limitation on claiming liquidation of a de facto union's patrimonial community is a frequent trap, since the substantive right exists but is lost if not asserted in time.