Understanding De Facto Relationships in Colombia

1. What Is a De Facto Relationship (Unión Marital de Hecho) in Colombia?

A de facto union exists when two people live together in a stable and permanent relationship similar to marriage, for at least two years.
Key elements include:

• A shared household.

• Emotional and economic ties (such as sharing expenses or owning property together).

• Mutual recognition of the relationship as a family unit.

Importantly, no formal registration is initially required for the union to exist — but registering it later has major legal advantages.

2. Legal Rights of Partners in a De Facto Relationship

Under Colombian law, couples in a recognized de facto relationship gain several rights similar to those of married spouses, including:

• Property Rights: Assets acquired during the relationship may be considered jointly owned, leading to a sociedad patrimonial (marital partnership).

• Inheritance Rights: If one partner passes away, the surviving partner may have rights to inherit, just like a spouse would — but only if the relationship was legally declared.

• Pension Benefits: The surviving partner may be entitled to claim social security or private pension benefits.

Important: Without a formal declaration (declaración judicial or notarized document), proving the relationship can be challenging, especially in disputes over property or inheritance.

3. How to Register a De Facto Union in Colombia

To protect your rights, it’s highly recommended to officially register your union. There are two ways:

• Notarial Declaration: Both partners appear before a notary public and sign a formal agreement.

• Judicial Declaration: In cases of dispute, a judge can declare the existence of the union through court proceedings.

Tip: Registering your union proactively is much easier — and far less expensive — than trying to prove it later in court.

4. De Facto Unions and Expats: Special Considerations

Expats in Colombia should be aware of some unique challenges:

• Foreign Marriages: If you are already married abroad, you cannot simultaneously enter into a de facto union without first divorcing.

• Immigration Benefits: In certain cases, a registered de facto union with a Colombian citizen may support visa applications (such as for a Migrant Visa by marriage).

• Cultural Differences: Colombian courts expect strong evidence of shared life — photos, joint bank accounts, leases, and testimonies are often required.

Pro Tip: Consult an experienced bilingual attorney to ensure that your documents and declarations are properly prepared and recognized both in Colombia and abroad.

Final Thoughts: Protect Your Relationship, Protect Your Rights

Living in Colombia with your partner can be an exciting adventure — but it’s essential to understand the legal landscape to avoid unwanted surprises.
At Riojuridico, our team of specialized expat family law attorneys offers tailored support to help you register your de facto union, safeguard your assets, and prepare for the future with confidence.

Need assistance with your de facto union or family law matters in Colombia?