Colombia: family-law information and official sources
Understand common family-law steps in Colombia, including divorce, child arrangements, protection and travel, with links to official sources.
Official information and contacts
National starting points only. Confirm which authority and requirements apply to your circumstances.
- Ministry: divorce without a spouse's consent
- Ministry: divorce before a notary
- Ministry: child custody information
- Ministry: child-support information
- Ministry: protection through a Comisaría de Familia
- National Police: women's protection and emergency lines
- Judiciary: national court email directory
- Defensoría del Pueblo: regional contacts
- Ministry: child return from abroad information
Start with safety
If you face immediate danger in Colombia, call 123. The Police identify 155 as a channel for guidance for women experiencing violence and list 141 for ICBF child-protection help. Use a safe device if another person monitors your communications. Do not delay urgent help while collecting documents or completing this guide. Police national emergency and support lines.
1. Divorce where both spouses agree
A mutual divorce can be formalised before a notary, through a lawyer. The notarial procedure also covers ending the civil effects of a religious marriage. The lawyer prepares the application and agreement; the notary checks the requirements and authorises the public deed. Decreto 4436 de 2005, articles 1–2 and 5.
2. Divorce requested by one spouse
Law 2442 of 2024 added the sole will of either spouse as a divorce ground. A claim using that ground must include a proposal addressing the divorce's consequences. Where applicable, this includes support, property arrangements, reparation, children's care and contact. The other spouse can contest the proposal with an alternative; lack of agreement should not be described as a veto over the divorce request. The judge determines unresolved consequences. A notarial route requires both spouses to agree to continue under the mutual-consent ground. Ley 2442 de 2024, articles 2–4 and 7.
3. Children's care, contact and support
Divorce does not end parents' responsibilities to their children. Arrangements for care, contact and support can be addressed during divorce. ICBF: children during divorce.
4. Protection from family violence
You can request protective measures verbally or in writing at a Comisaría de Familia. The Ministry says this procedure has no fee and does not require a lawyer. Explain what happened, who is at risk, whether children are involved, and any reports already made. Provide relevant evidence you safely have. If the municipality has no Comisaría, the Ministry identifies a civil municipal or mixed-jurisdiction municipal judge as an alternative. Protective measures can address safety and temporary arrangements for children, support and the home. Ministry protection guide.
5. Unmarried partners: union and shared property
An unión marital de hecho and its possible sociedad patrimonial are separate questions. Do not assume a shared-property society exists simply because two people lived together. Conditions can depend on the relationship history, cohabitation, prior marriage/property societies and other facts. These protections also apply to same-sex couples. Ask for advice about the status of the relationship before using a property route. Ley 54 de 1990, Ley 979 de 2005, Ministry declaration guide.
6. Change an existing child arrangement
If a formal care, contact or support arrangement already exists, review is different from fixing one for the first time. ICBF offers separate conciliation services for custody and care, visits/contact, and child-support amounts. The services describe review where circumstances have changed. If no agreement is reached, ICBF says the earlier arrangement remains in force and a party may seek a judicial route. Do not stop complying with an existing decision merely because a review is requested.
7. Recover unpaid child support
Keep the formal support agreement or decision, payment records and a dated account of what has and has not been paid. ICBF describes assistance preparing family-court claims, including an executive child-support claim. The Ministry distinguishes that collection route from initially fixing or later changing the amount. Ask the ICBF zonal centre or a family-law adviser to check the enforceable document, calculation, competent court and current procedure. Calm does not calculate or file the claim. ICBF claim-preparation service, Ministry child-support guide.
8. A child travelling out of Colombia
Article 110 of the Children and Adolescents Code and ICBF's service guide describe different permission routes. Where the required parent or representative agrees, permission is generally authenticated before a notary or consulate. Where parents dispute permission, ICBF describes a family-court decision. ICBF's Defensor de Familia has a distinct, limited role where a representative is absent, cannot be located or cannot give permission. Do not use that exception as a substitute for a disputed-parent route. Ley 1098, article 110, ICBF departure-permission guide.
9. International child return or contact
If a child is abroad, has been brought to Colombia, or international contact has broken down, the correct authority depends on where the child and applicant are, habitual residence and applicable international arrangements. ICBF explains international return and contact services; the Ministry has a 2025 guide to seeking a child's return from abroad. Contact the appropriate central authority promptly. Preserve relevant identity, residence, travel and care records safely. This is a help-only route: Calm cannot decide treaty coverage, an age or time rule, unlawful removal, or the outcome.
10. Indigenous child-rights and jurisdiction questions
ICBF lists Traditional Indigenous authorities among the authorities that may be involved in restoring an Indigenous child's rights. Colombia's Ministry of Justice describes coordination between Indigenous and ordinary justice systems. If this applies, ask for advice that takes account of the child's community, rights, safety and the relevant authorities; do not assume the ordinary family-court route automatically applies or is excluded. ICBF authority guidance, Ministry coordination information. This is a help-only route; the app cannot determine jurisdiction.
11. Moving with a child to another Colombian city
ICBF's guidance for a parent who already has custody formally assigned recommends approaching a family authority about the proposed move and addressing contact, support, education and health. That FAQ describes a particular situation; existing orders, the child's circumstances and any safety concerns can change what is appropriate. Seek case-specific help before arranging contact with the other parent or changing an existing agreement. ICBF domestic-move FAQ, ICBF review of visits. This is a help-only route, not a decision that a move is automatically allowed.
12. An overseas divorce or family decision
An overseas divorce judgment, child decision or property decision may need separate Colombian recognition analysis. Colombia's procedural code addresses the effect and recognition of foreign judgments; the Ministry explains exequátur for some foreign divorce judgments. Whether a particular decision requires that process, can be recognised, or has already taken effect depends on the decision, country, treaty and case. Keep the final decision and related records for advice; ask which certified copies, translations or registration steps are needed. Ley 1564 de 2012, articles 605–607, Ministry foreign-divorce guide. This is a help-only route; Calm does not decide whether an order is enforceable.
Costs and timing
Ask for an itemised quote covering the lawyer, relevant notarial work, tax, copies and any property-related procedure. The official notarial tariff may change and a listed base fee is not a total divorce price. SNR 2026 tariff resolution, Decreto 4436, article 7.
Find local child and family services
Use the regional pages to locate the zonal service covering the child's address. The regional head office is not necessarily where the application belongs.
Situations needing further guidance
This guide covers twelve common entry points and referral situations. It does not determine international treaty coverage, recognition of overseas orders, permanent child relocation, appeals, Indigenous jurisdiction, or the correct court or authority for every local circumstance. Get advice relevant to the case rather than applying a general checklist automatically.