What is a Domestic Partnership Certificate?
The Domestic Partnership, also known as common law union, “Unión Libre” or “Unión Marital de Hecho”, is a legal figure regulated in Colombia by LAW 54 of 1990, through which two people constitute a community of life of a singular and permanent character, without the necessity to get marriage. This type of union applies to heterosexual and homosexual couples, and its members are called “permanent partners” (compañeros permanentes).
The above means that the Domestic Partnership requires that the couple live together under the same roof and that the relationship is not clandestine but stable and public knowledge.
When is born the Patrimonial Society between permanent partners?
The Patrimonial Society is born after two years of uninterrupted coexistence, which means that the assets and liabilities acquired from the beginning of the coexistence, come to be considered part of the society after these two years of Domestic Partnership.
That is to say, the Domestic Partnership is first configured, and two years later, the Patrimonial Society is given life unless there is a prior agreement for the liquidation of the society, pre-matrimonial agreement, or “capitulaciones" in Spanish, as the term is normally understood.
How to apply for a Domestic Partnership?
Legally, there are 3 different ways to declare a Domestic Partnership, which are:
By mutual consent of the permanent partners, before a Notary and elevated to Public Deed.
We recommend the Notary Number 5 of Medellín, where the following procedures can be carried out:
- Patrimonial Society between permanent partners.
- Pre-matrimonial agreement.
- Liquidation of the conjugal society.
- CONCILIATION CENTER
By Conciliation Act signed at a legally established Center. ASK US!
By Judicial Judgment with the knowledge of the First Instance Family Judges.
Each entity has a defined protocol to carry out the creation of the Domestic Partnership.
When it comes to the relationship between a Colombian person and a foreign person, it will generally be necessary to present apostilled and translated documents from the country of origin as the case may be, and the assistance of an official interpreter may be required if the foreigner does not speak Spanish. This procedure could require 15 to 30 days for coordination and completion taking into account the aforementioned requirements.
However, we will explain below the process of Domestic Partnership through our specialized service, which has been classified by our clients as the easiest and fastest option:
DOMESTIC PARTNERSHIP SERVICE MADE THROUGH EXPATGROUP.CO
The Domestic Partnership service through expatgroup.co, is a process fully aligned with current regulations, which is validated for the Colombian visa application, according to our statistics and success rate. Besides, it is a service that we offer both in person and virtually according to the circumstances and needs of our clients.
Documents required for the procedure
- Copy of identification documents
- Confirmation of the following information:
- Email of each on
- Contact phone number of each one
- Place of residence (must be the same address for both)
- Fecha de inicio la convivencia
- Coexistence start date
In this case, through our management, no document from abroad with apostille, legalization, or official translation will be required.
- Appointment scheduling for Domestic Partnership
Once you send us by email to email@example.com or through our WhatsApp line (+57) 350 894 8130, the documents and information required, it will take approximately 5 working days to receive the official summons to carry out the Conciliation Hearing. In the case of the Domestic Partnership virtual service, you will receive in addition to the date and time, a link to join the meeting with the lawyers.
- Conciliation hearing
The interview with the lawyers takes around 45 minutes.
During the session, the lawyers explain the rights and duties derived from the configuration of a Domestic Partnership, make the reading of the conciliation act, and finally, do some confirmation questions to which each one must answer to finalize the session and approve the application for Domestic Partnership.
In a period of approximately two (2) working days, the contracting parties will receive the official certificate that endorses the Domestic Partnership and with said document, they will be able to immediately start the application for the Colombian M-Type Marriage Visa or the Colombian Beneficiary Visa, depending on the specific case.
Below, we detail the elements that make up this document for clarity and to verify its validity.
Elements that make up the declaration document of the Domestic Partnership
PLEASE NOTE: The Domestic Partnership Document is different from the “Declaración Extraproceso” or “Extrajuicio” that can be obtained through a notary. To be a valid document, even more so in the Colombian visa process, the final document must include at least the following elements:
Here is the date, time, process formalization, and full identification of both parties and the conciliatory lawyer who will take the case.
In this part of the act, the reason and main objective of the Conciliation Hearing is focused.
The claims refer to the final intentions that are from the audience. What do you want to achieve from the statement of the above facts?
The amount is a value in pesos declared by the partnership at the time of incorporation.
Normally, in the Domestic Partnership Document, the term will be observed: Undetermined amount (cuantía indeterminada), this means that there are no specific values declared by means of capitulations, therefore the company that is incorporated will not have a value defined.
The document ends with the presentation of the final agreements included in the declaration of the Domestic Partnership and the corresponding signatures to endorse the document.
IMPORTANT: Within the document of the Domestic Partnership, we can include an agreement of Patrimonial Society Liquidation if the couple has less than 2 years of coexistence, to leave for granted the separation of the assets. This in case the couple wants it.
How does a Domestic Partnership prescribe or end?
A Domestic Partnership can be ended through a process of cessation of civil effects when it is a mutual agreement. Also, the union terminates one year after the physical and final separation of the partners, the marriage contracted by one of the partners, or the death of one of them.