| See No. 2570 to the Legal Office Superintendency of Notaries and Registration To: Mrs. Dr. VERGARA MARIA DEL PILAR HERRERA First Notary Circle Plaza Shopping Center Chia Chia (Cafam) Chia, Cundinamarca Subject: Notary Civil Marriage between a foreigner and a Colombian, CN-03, 33 284 ER filing dated September 18, 2006 Date: September 21, 2006 Dear Dr. Maria del Pilar: Consultation in the matter described above, the requirements for the conduct of civil marriage before a notary, from a foreigner and divorced with minor children with a Colombian. also refers to the following: 1. Can the Notary OK divorce under the protection of the law of the Anglo Saxon system without translation and legalization? 2. How to proceed regarding the formal inventory of the child's property required by our legislation? 3. Is viable marriages where one party has no intention of setting her home in Colombia? Sheet No. 2 Dr. Maria del Pilar Herrera Vergara Legal Framework: Decree 2668 of 1988 Act 962 of 2005 Considerations Legal Office: This office before going to direct the concerns of the consultation, Mrs. reminds Notary that we will not give legal concepts, if not attached to the letter of the query the legal standard that you previously considered to be the correct , as indicated in Article 15 of resolution 4837, adopted by the No. 359 of 2004 of the Attorney General's Office, contained in Administrative Instruction No. 23 of 2004 of this entity. In celebration of civil marriage between a Colombian and a foreigner, the notary must require only the requirements of the decrees 2668, 1988 and 1556 to 1989. The application must be written and submitted in person or by their attorneys. The Colombian citizen must bring the birth certificate issued in advance not exceeding one month, (as amended by paragraph of Article 21 of Act 962 of 2005) and for the stranger, copy of birth certificate and the certificate showing the single state, or its equivalent. These documents must be valid at least three (3) months, counted from the date of issue - (art. 1. Decree 1556 of 1989). law Paragraph 962 of 2005 states: "Copies of birth certificate shall be fully valid for all purposes, regardless of the date of issue. Consequently, no public or private entity may require this document in certain delivery date, except for marriage, in which these events may be obtained through civil registration corresponding date of issue date, in no case less than three (3) months. " Sheet No. 3 Dr. Maria del Pilar Herrera Vergara Article 3 of Decree 2668 of 1988, provides: "... If it is remarriage, shall be accompanied, moreover, the civil registration of death of the spouse with whom he was united in marriage or civil registration before stating the divorce or annulment or papal dispensation, duly registered and a formal inventory of property, if any children in the manner provided by law. " addition to the above documents, abroad for the marriage must bring appropriate identification document, which is a valid passport, immigration card or license issued by the Directorate of Protocol, the visa or permit income must be current. (Administrative Instruction No. 04 of January 11, 2006), No special visa is required for marriage (Administrative Instruction No. 01 of January 26, 2005). If the alien empowers to represent him in marriage, ie not coming here, do not require any identification documents mentioned above, so power can be given to the competent foreign authority, identifying the appropriate document in that country or to grant it to the Colombian Consul abroad. The certificate of celibacy or its equivalent, be issued by the competent authority in the place of origin from abroad. The equivalent to the certificate of celibacy, are those documents used in the country of origin to establish the single state, they depend on each country. Regarding the inventory of goods, if in Spain there are no family courts to effect the appointment of a conservator, there must be some authority in his stead and it is this which is responsible for developing the inventory, if there who prepare the inventory, must attach certification to that effect, issued by competent authority. This, because the law does not mention any exceptions regarding the inventory of goods in case of foreigners. Article 5 of Decree 2820 of 1974, which amended Article 169 of the Civil Code states: "The person that having children (previous marriage) under his custody or under the custody or guardianship, wills (again ) marry, should proceed to a formal inventory of property you are managing. Sheet No. 4 Dr. Maria del Pilar Herrera Vergara For the preparation of this inventory will give these children a special guardian. " Note: XPRESSION placed in brackets, were declared invalid by the Constitutional Court, Judgement C-289, 2000, MP. Dr. Antonio Barrera Carbonell. AND Ibid article 6, states: "Article 170 of CC will read: There shall be the appointment of a conservator if the children do not have personal assets of any kind held by the father or mother. Where this may be, must testify to the special guardian. " The appointment of special guardian is required, no matter whether or not the son of property owner. When no assets, management of the guardian is limited to verifying the lack thereof. From the above rules, it appears that there are no assets and should be appointed a special guardian for the child, in order to testify this. Documents issued in the foreign country must be duly authenticated by the authority delegated to each country to Apostille (the Hague Convention of October 5, 1961, Act 455 of 1998), or submitted duly authenticated by the Colombian Consul in respective country and paid the signing thereof by the Ministry of Foreign Affairs, those documents shall be accompanied by the appropriate official translation as the case may be-(Article 259 and 260 of the Code of Civil Procedure). Regarding your last concern, the 2668 decree of 1988, not mentioned in any of its sections, that the future spouses must have intended to settle in Colombia, then there is cause for abstention to accept the application. With feeling special consideration, Cecilia Diaz Janeth Cervantes Chief Counsel Office (E) Project: GEVB / 21.09.2006 / Revised: CGD |
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