Adriana Hincapie & Associates, P.A.
407-731-4068
PRIVATE INTERNATIONAL LAW IN COLOMBIA
Private International Law in Colombia comprises the rules and principles that resolve legal conflicts when a private matter involves a foreign element.
Accordingly, our law firm Adriana Hincapie & Associates, P.A., specializes in handling legal matters that Colombians residing abroad need to resolve in Colombia—such as claiming retirement benefits, managing an inheritance, obtaining a divorce, or fulfilling obligations—and, in short, addressing any issue governed by Colombian law while living overseas.
Inheritance is the legal process through which the assets, rights and obligations of a deceased person are transferred to his or her heirs.
In Colombia, the statutory time limit for initiating succession proceedings is 10 years, calculated from the date of the deceased's death. After this period, the right to claim an inheritance becomes time-barred.
However, our Law Firm recommends to initiate the succession process as soon as possible after the death for the following reasons:
- Assets cannot be sold or transferred while they remain in an undivided state (i.e., before the
succession is settled).
- No notarial or tax-related procedures can be carried out regarding the deceased's assets.
- Taxes continue to accrue on real estate (such as property tax and betterment levies).
- Debts owed by the deceased may continue to accumulate interest.
SUCCESSION
DIVORCE
A divorce obtained abroad is not automatically valid in Colombia if the marriage is registered in the country; for it to take legal effect, a judicial *exequatur* proceeding must be carried out.
This is the procedure through which the Civil Cassation Chamber of the Supreme Court of Justice of Colombia recognizes a divorce judgment issued by a foreign court.
Our law firm recommends that, if the marriage is registered in Colombia and both parties are in agreement (even if located apart), it is sometimes faster and more cost-effective to finalize the divorce directly at a Colombian notary office or court using a consular or apostilled power of attorney, thereby avoiding the *exequatur* process.
CHILD SUPPORT
Since child support is a fundamental right, both Colombian legislation and international treaties protect it; therefore, if the obligated parent is abroad, a request for international child support must be filed with the assistance of the ICBF and the Superior Council of the Judiciary to verify whether the parent's location falls under the Convention on the Recovery Abroad of Maintenance.
Our law firm recommends pursuing a conciliation agreement to settle the matter of child support payments.
