Marriage Annulment in Colombia: Grounds and How It Differs From Divorce

## What is marriage annulment?

Marriage annulment is a court declaration (or a church declaration, for religious marriages) that a marriage was never valid because of a defect present from the outset.

It differs from divorce: divorce dissolves a valid marriage; an annulment declares the marriage was never valid.

Grounds for civil marriage annulment

Article 140 of the Civil Code sets out:

1. Prohibited kinship: marriage between ascendants and descendants, or between siblings
2. Prior existing marriage: when one of the spouses was already married (bigamy)
3. Abduction: when consent was obtained through force or abduction
4. Mental illness: if one of the spouses was legally incapacitated at the time of marriage
5. Absolute impotence: unknown to the other spouse before the marriage
6. Minors: marriage without the consent of legal guardians (in cases where it's required)
7. Defects in consent: error about the spouse's identity or personal circumstances

Financial effects of an annulment

Even though an annulment declares the marriage invalid, its past financial effects may be preserved to protect the spouses and children:

• If the marriage was entered into in good faith by at least one spouse, the marital estate is settled as in a divorce
• Children born of the annulled marriage are legitimate children — the annulment doesn't affect their filiation
• Support payments made during the marriage can be claimed

Church annulment vs. civil annulment

These are independent processes:

Civil annulment: before a Family Court. It has effects on Colombian civil status (the civil registry).

Church annulment: before an Ecclesiastical Tribunal. It has religious effects for practicing Catholics, but no automatic civil effect in Colombia. For it to have civil effects, it must be recognized by a court.

Who can request an annulment?

• Either spouse
• The Public Prosecutor's Office (in certain public-policy cases)
• The heirs (in certain cases, after one spouse has died)

Time limits

Some grounds have time limits: - Grounds for relative nullity (defects in consent) can be cured by voluntary continued cohabitation - Grounds for absolute nullity (prior marriage, prohibited kinship) have no time limit for raising them

Do you have questions about whether your marriage can be annulled, or have you started a church annulment process and want it to have civil effects? We can guide you through the applicable process.

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