The Colombian government sanctioned the bill “Free Divorce” (Law 2442 of December 27, 2024), after its approval in the Congress of the Republic, which allows the breakup of the marriage by the sole will of either spouse. What is this new legislation about?
The initiative represents a significant change in the legislation in that it makes it possible to dissolve the marriage bond without the need to prove guilt or specific grounds for separation, as occurred with divorce for cause.
This is an advance that complies with international standards on human rights and family law. as it implies that divorce can be requested at any time, without the need to demonstrate other reasons, as it is based on the principle that no one is obliged to live with another person.
Many people currently could not divorce because they did not have a specific cause that legally justified the separation or because they did not want to expose intimate reasons.
Approved with 89 votes during the plenary session of the House of Representatives, This law facilitates access to divorce for those who wish to close the marriage bond without unnecessary legal barriersmoving towards legislation that respects freedom of decision and individual autonomy.
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Economic and symbolic reparations: what the ‘Free Divorce’ includes
Free Divorce
Source: IStock
Likewise, the sanctioned norm contemplates a “comprehensive reparation, including economic and symbolic reparations in favor of the victim of domestic violence”taking into account that many women are prevented from ending the marriage relationship precisely due to a situation of violence.
According to figures from the Institute of Legal Medicine, between January and September 2024:
-More than 26,000 women were victims of intimate partner violence
-More than 3,000 children and adolescents were victims of domestic violence.
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“This project protects the dignity and freedom of people by allowing them to close cycles without unnecessary conflicts, and ensures the well-being of children and spouses in vulnerable situations,” explains the text of the law.
In turn, heLaw 2442 allows the regulation of issues related to alimony, the liquidation of assets and the care of children in relation to the spouse, and in the event that one of the parties does not accept the conditions, the process will go to a judge who will determine and conciliate with the parties.
In this sense, the initiative aims to reduce prolonged judicial processes, as well as have a positive impact on the mental health of the entire family and protect the vulnerable.
