What happens if the notary's office does not marry me or wants to apply a different form of marriage?

We recommend that you withdraw your application along with the supporting documents and choose a different notary’s office. You may also lodge a complaint with the Superintendency of Notaries and Registries, detailing the situation that arose with the notary’s office. We would also be grateful if you could share your experiences with notaries or courts by emailing familia@colombiadiversa.org, so that we can ascertain whether or not the orders of the Constitutional Court are being complied with. [1] Constitutional Court rulings C-577 of 2011 and Su-214 of 2016 [2] Colombian law applies to both nationals and foreign residents in Colombia (Article 18 of the Civil Code). Civil Code, Article 80. . On the contrary, the intention to remain and take up residence in a place is naturally presumed by the very act of opening a shop, pharmacy, factory, workshop, inn, school or other permanent establishment there, with a view to managing it in person; by the fact of accepting in that place a permanent employment of the kind normally granted for a long period; and by other analogous circumstances. The Treaty of Montevideo, Law 33 of 1992, establishes that “The capacity of persons to contract marriage, the form of the act and the existence and validity thereof, are governed by the law of the place where it is celebrated”. (Argentina, Bolivia, Colombia, Paraguay, Uruguay and Peru) [3] When appearing before a Municipal Civil Judge, in the case of municipalities with more than one judge, the application is not submitted directly to the court but to the allocation office so that it may randomly assign the judge who will hear the application. [4] This is the procedure by which a public official’s signature is certified so that the document is valid in another country that is not a party to the Apostille Convention. [5] Law 962 of 2005 [6] oficinaatencionalciudadano@supernotariado.gov.co [7] Constitutional Court. Ruling SU-214 of 2016. http://www.corteconstitucional.gov.co/relatoria/2016/su214-16.htm [8] http://www.cancilleria.gov.co/tramites_servicios/visas/categorias/residente/re [9] http://www.cancilleria.gov.co/tramites_servicios/visas/categorias/temporal/tp10 [10] Law 962 of 2005. Article 21. Paragraph: "Copies of the civil registry of birth shall be fully valid for all purposes, regardless of the date of issue. Consequently, no public or private entity may require this document with a specific date of issue, except for the processing of pensions, affiliation to the social security system for health, professional risks and pensions and for the celebration of marriage, events in which the corresponding civil registry may be requested with an updated date of issue, in no case less than three (3) months". [11] http://www.corteconstitucional.gov.co/relatoria/2016/su214-16.htm [12] Article 176 of the Civil Code states: "ARTICLE 176. OBLIGATIONS BETWEEN SPOUSES. Modified art. 9, Decree 2820 of 1974. The new text is as follows: The spouses are obliged to keep faith, to help and assist each other in all circumstances of life". [13] Colombian law applies to both nationals and foreigners residing in Colombia (art. 18 of the Civil Code) Civil Code, article 80. . On the contrary, the intention to remain and settle in a place is presumed of course, by the fact of opening in it a shop, apothecary, factory, workshop, inn, school and other durable establishment, to administer it in person; by the fact of accepting in said place a fixed employment of what is regularly conferred for a long time; and by other analogous circumstances. [14] Law 266 of 1938. Whereby the celebration of marriages of foreigners before their respective Diplomatic Agents or Consuls is authorised. [15] Law 1395 of 2010. Article 118. [16] Civil Code. Articles 169 and 170. [17] Decree 2817 of 2006. Article 7.