On December 27 of last year, the National Governmentthrough the Minister of Justice, Ángela María Buitragopassed a law that changes the rules of the game to facilitate the divorce process in the country.
It is, therefore, the free divorce law or ‘express’ divorcewhose authorship is representative to the Chamber for Bogotá, Katherine Miranda. This now allows that if one of the two spouses wishes to separate, it would be more than enough. Before this initiative, it was necessary for both parties to agree.
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“This really is a huge advance. We have all heard that phrase ‘he doesn’t want to give me a divorce’, it has to take two years to demonstrate that he does not coexist with this almost law of the republic. What we are looking for is that with only the will of one of the parties a divorce can be generated without having to wait two years and having to show other types of causalities.“said the congresswoman last December, when the project was approved in Congress.
Divorce
What does the new law suggest?
The first article of the law, already in force, states that “Its purpose is to incorporate into civil legislation a cause that allows divorce by the sole expression of the will of either of the spouses and to dictate other provisions.“.
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Changes to the current regulations are made by adding a new numeral to the article 154 of the Civil Codeleaving established among the grounds for divorce “the sole will of either spouse“.
However, the articles open the door to lawsuits in the event that the events that motivated the separation do not correspond to reality.. This could be done at any time and with no expiration limit.
Divorce
Additionally, when the cause for divorce is due to domestic violence and is proven, it is “will give rise to comprehensive reparation, including economic and symbolic reparations in favor of the victim“.
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Furthermore, this entire process can be processed at a notary’s office and not in all cases you will have to go before a judge. This applies if and only if there is an agreement. If there is not, you must go to court..
“If love ends and there is a decision made by one of the people, it must be respected“said at the time the representative of Cambio Radical, Julio César Trianaproject speaker.
children involved
The new rule clarifies that in the event that the couple has children, the divorce proposal must contain the way in which each of the parents will contribute to basic expenses, upbringing, education, custody, among others.
“The judge must review ex officio the allocation of the maintenance obligation proposed by the parties in the event that minors are involved and the allocation of the monthly obligations between the parties, in order to verify if one of the spouses lacks the means for subsistence. . Likewise, the judge must review ex officio and from a gender perspective the existence of other grounds for divorce and order all measures to protect the spouse who is in a situation of risk or in the possibility of suffering serious harm to his or her integrity. personal, your life or your prosperity“, reads the text signed by the Minister of Justice.
PORTFOLIO
*With information from EL TIEMPO – POLITICS
