Marital Union

MARITAL UNION

WHAT IS THE MARITAL UNION IN COLOMBIA?

For all civil law, is marital union, the formed between a man and a woman (the Constitutional Court Judgment C-075 of 2007, with the understanding that the system of protection contained in it also applies to the gay couples.), without being married, they make a permanent and unique community life. Similarly, and for all civil purposes, are called partner and constant companion, the man and woman who are part of the marital union.

HOW TO TEST AND DECLARES THE EXISTENCE OF MARITAL UNION?

The existence of the marital union between permanent companions, will be declared by any of the following mechanisms:

  1. Deed notarized by mutual consent of the permanent partners.
  2. Reconciliation Act signed by the permanent partners in legally constituted center.
  3. By court order, by the ordinary means of proof enshrined in the Code of Civil Procedure, with knowledge of the Judges of Family First Instance.

WHEN it IS ASSUMED THAT THERE IS BETWEEN THE PERMANENT PARTNERS REAL ASSET COMPANY?

Patrimonial society between permanent companions is presumed and no place to legally declare any of the following cases:

  1. a) When there is marital union for a period not less than two years between a man and a woman without legal impediment to marriage;
  2. b) Where there is a marital union for a period not less than two years or legal impediment to marriage by one or both permanent companions, provided that previous conjugal society or companies have been dissolved and liquidated at least one year before the date on which the marital union began.

The permanent companions who are in any of the above cases may declare the existence of the holding company by going to the following means:

  1. By mutual consent declared by public deed before a notary where attesting to the existence of such a company and certifying the marital union and other budgets that are expected in a) and b) of this article.
  2. expressly stated in a memorandum signed by legally recognized center conciliation proving the existence of the requirements of subparagraphs a) and b) of this article.

MAKING REAL PART OF THE COMPANY BALANCE OF PROPERTIES AND WHAT NO?

Equity or equity product of labor, mutual aid and relief belongs in equal parts to both permanent partners.

They are not part of the credit of the company, property acquired under donation, inheritance or legacy, nor that were acquired before starting the marital union, but so will the revenues, income, fruits or greater value produce these properties during the marital union.

DISSOLVED AS THE COMPANY BALANCE OF PROPERTIES?

The holding company between permanent companions dissolved by the following facts:

  1. By mutual consent of the permanent companions raised before a Notary Public.
  2. In agreement between permanent companions, by the Minutes before a legally recognized Conciliation Center.
  3. Judicial Judgment.
  4. On the death of one or both partners.