Marrying a Foreign National in Colombia: Requirements, Special Cases, and FAQ

When a couple decides to settle in Colombia and build their life together in the country, one of the first questions that may arise is how to formalize their relationship legally.

Can you marry a foreign national in Colombia? Yes. Civil marriage can be performed before a notary, and in general terms, the procedure is similar to that of any civil marriage in Colombia.

The main difference lies in the documentation the foreign spouse must submit. In addition to proving their identity, they must prove their civil status through the documents required for this process, which may require an apostille or legalization, and translation into Spanish, depending on the country of origin.

In this article, we explain the requirements for marrying a foreign national in Colombia, the documents both parties must submit, and certain particular situations that often raise questions, such as minor children, a second marriage, and marriage by proxy.

Can You Marry a Foreign National in Colombia?

Yes. As mentioned above, Colombian law allows a person of Colombian nationality to marry a foreign national in Colombia. Civil marriage can be performed before a notary, pursuant to Decree 2668 of 1988 and Decree 1556 of 1989, and the foreign nationality of one of the parties does not prevent the marriage from taking place.

As for the requirements, the regulations establish the general framework applicable to civil marriage, while the documentation each party must provide will depend on their particular circumstances. For the foreign national, this includes documents intended to prove their identity and civil status, and the process for obtaining them may vary depending on the country where they were issued.

General Requirements for Marrying a Foreign National in Colombia

Under Article 2 of Decree 2668 of 1988, the marriage application must be submitted in writing to the notary, in person by both parties or through an attorney-in-fact, and must include information such as their names, identification documents, place of birth, age, occupation, address, and the names of their parents.

The general requirements include:

• Age: the requirements under Colombian law for entering into marriage must be met. When either party is under 18, the additional authorizations and requirements established for these cases must also be met.

• Birth certificate of the Colombian party: a recent copy must be submitted, issued less than three months earlier.

• Identification document: the Colombian party must provide a copy of their citizenship card (cédula de ciudadanía).

• Information about children: it must be disclosed whether either party has minor children from a prior relationship, adult children with a disability, or children in common with their future spouse.

• Public notice (edicto): once the application has been submitted with the corresponding requirements, the notary must post a public notice for five business days at the notary's office, pursuant to Article 4 of Decree 2668 of 1988, as amended by Decree 1556 of 1989.

These are the general requirements for the process. When one of the parties is a foreign national, the specific documents required to prove their identity and civil status must also be reviewed, as explained below.

Specific Requirements for the Foreign Spouse

In addition to the general requirements for civil marriage, the foreign spouse must submit documents proving their identity, civil status, and immigration status in Colombia. The required documents may vary depending on the foreign national's circumstances and the country where they were issued.

The main documents include:

• Identification document: a valid passport, if the foreign national does not reside in Colombia, or a foreigner ID card (cédula de extranjería), if they hold one. Their regular immigration status in Colombia must also be proven through the corresponding visa, permit, or stay document.

• Birth certificate: the birth certificate, or its equivalent, issued by the competent authority in the country of origin must be submitted.

• Certificate of single status: the document proving the foreign national's civil status must be submitted. Its name and the issuing authority may vary depending on the country of origin.

• If previously married: the document proving the termination of the prior marriage must be submitted, such as a divorce decree, the death certificate of the deceased spouse, or a pontifical dispensation, as applicable.

Apostille, Legalization, and Translation

Documents issued abroad must meet the formalities required for them to be recognized in Colombia. When the country of origin is a party to the Hague Convention of 1961, the documents must be duly apostilled, pursuant to Law 455 of 1998.

If the country is not a party to the Convention, the documents must be legalized before the Colombian consulate in that country and subsequently undergo legalization of the consular officer's signature before the Ministry of Foreign Affairs.

To check whether the document's country of origin is a party to the Hague Convention, you can consult the official table of signatory countries.

When the documents are written in a language other than Spanish, they must be accompanied by the corresponding official translation.

In addition, if the foreign spouse does not speak Spanish, they must be assisted by an official interpreter during the process, so that they can understand and properly take part in the marriage proceeding.

Special Cases

There are certain particular situations that require additional steps within the civil marriage process. These include cases where either party has minor children, a second marriage, and marriage by proxy.

Marriage When There Are Minor Children

When either party has children under their parental authority, guardianship, or curatorship and is marrying someone other than the other parent of those children, a solemn inventory of the assets they manage on the children's behalf must be prepared, pursuant to Articles 169 through 171 of the Civil Code.

A special guardian (curador especial) is appointed to prepare this inventory. This appointment also applies when the children have no assets of their own, in which case that circumstance must be recorded. For this reason, the notary cannot authorize the marriage until the requirements relating to the appointment of the guardian and the preparation of the solemn inventory, as applicable, have been met.

Although this requirement is often associated with a so-called "second marriage," its application is not limited to those who were previously married. The Constitutional Court, through Judgment C-289 of 2000, struck down the wording that limited this requirement to those entering into a second marriage, so it also applies when a person is marrying for the first time and has minor children.

Second Marriage

When one of the parties was previously married, they must prove the dissolution of the prior marriage before entering into the new marriage. To do so, they must submit the document corresponding to how the prior bond ended, such as a divorce decree, the death certificate of the deceased spouse, or, where applicable, a pontifical dispensation.

If the party has minor children under their parental authority, guardianship, or curatorship and is marrying someone other than the other parent, the solemn inventory of assets process described in the previous section must also be completed.

Marriage by Proxy

When one of the parties cannot be present for the ceremony, Colombian law allows the marriage to be entered into through a special attorney-in-fact. Under Article 11 of the Civil Code, as amended by Article 1 of Law 57 of 1990, the power of attorney must be granted by public deed before a notary by the absent party and must expressly state the name of the person they are marrying.

The power of attorney can be revoked, but the revocation only takes effect if it is communicated to the other party before the marriage is performed. When the absent party is abroad, the public deed can be granted before the corresponding Colombian consulate, under the notarial functions exercised by Colombian consuls.

Conclusion

Marrying a foreign national in Colombia essentially follows the same civil marriage process before a notary, with the particularity that the foreign spouse must prove their identity and civil status through the documents required for the process, meeting the apostille or legalization and translation formalities, as applicable.

In addition, certain particular situations — such as having minor children, a second marriage, or marriage by proxy — require additional steps that should be reviewed before submitting the application.

At JG Lawyers, we assist couples formed by a Colombian national and a foreign national in preparing and reviewing documentation, coordinating the process with the notary, and handling the particular situations that may arise along the way, as well as the subsequent Spouse Visa application process for the foreign spouse when needed.

Are you planning to marry a foreign national in Colombia and need legal advice?

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Frequently Asked Questions

Can I Sign a Prenuptial Agreement If I'm Marrying a Foreign National?

Yes, a prenuptial agreement (capitulaciones matrimoniales) can be entered into even if one of the future spouses is a foreign national. It allows the couple to agree, before the marriage, on which assets will become part of the marital estate and which will be excluded from it, as well as to establish other property arrangements permitted by law.

A prenuptial agreement must be entered into before the marriage and by public deed. Once the marriage has taken place, it can no longer be modified, and a new agreement can no longer be entered into.

Can I Get Married in Colombia If My Partner or I Am Abroad?

Yes, it is possible to hold the marriage ceremony in Colombia even if one of the parties is abroad. Colombian law allows marriage by proxy, through a special attorney-in-fact appointed by the absent party, expressly naming the person they will marry.

When the party is outside Colombia, the power of attorney can be granted before the corresponding Colombian consulate, under the notarial functions exercised by Colombian consuls. The marriage itself, however, is later performed in Colombia before the competent authority; Colombian consulates do not perform marriages.

What Happens If We Already Got Married Abroad?

If one of the parties is Colombian, a marriage performed abroad must be registered with the Colombian civil registry for it to be recorded in Colombia. Registration can be carried out before the corresponding Colombian consulate or, where applicable, later in Colombia.

Registration requires submitting the documents required by the registry authority. The foreign document proving the marriage must meet the apostille or legalization and translation formalities, as applicable.

This registration also matters if the foreign spouse later applies for a spouse-of-a-Colombian-national visa, since the immigration authority requires an authentic copy of the Colombian marriage certificate issued within the three months prior to the application.

How Long Does It Take to Marry a Foreign National in Colombia?

The timeline mainly depends on preparing the documents, the formalities that documents issued abroad must meet, the need for translations, and the notary's availability.

For this reason, there is no single timeframe that applies to every couple. If either party has a particular situation — for example, minor children, a prior marriage, or the need to marry by proxy — the corresponding additional steps must also be completed before the ceremony.

Can I Apply for a Spouse Visa After Marrying a Colombian National?

Yes. Once the marriage has taken place and registered in Colombia, the foreign spouse can apply for the Migrant (M) Spouse of a Colombian National Visa.

To submit the application, among other requirements, the foreign spouse must have an authentic copy of the Colombian marriage certificate, issued within the three months prior to the application. A letter from the Colombian spouse requesting the visa and stating that the couple effectively lives together must also be submitted. The immigration authority may request additional documents or call the couple in for an interview.

Marriage does not automatically grant the visa, but it does allow the immigration process to begin once the Colombian marriage certificate is available and the other requirements for the application are met.