Civil marriage is a sui generis contract: in addition to producing economic effects, it has a direct social impact by forming the fundamental nucleus of society: the family.
For this reason, the legislator has separated it from the common regime of contracts and has established special forms for its termination.
Unlike other contracts, marriage can only be terminated on the grounds expressly set forth in the law. If none are met, the bond must be maintained.
The following explains, in clear language, the 9 grounds for termination of marriage established in Article 154 of the Civil Code.
Grounds for divorce or termination of marriage in Colombia
Infidelity:
When one of the spouses engages in sexual relations outside the marriage.
Serious breach of marital or parental duties:
Includes actions such as refusing to share the marital bed or failing to fulfill care duties toward the children.
Outrages, cruel treatment, or violence:
Acts of abuse against the spouse or children.
Habitual drunkenness:
Constant consumption of alcohol that affects cohabitation.
Habitual consumption of hallucinogenic substances or narcotics.
Serious and incurable illness:
When one of the spouses develops an illness that puts the other’s health at risk and makes marital life impossible.
Corrupting or perverse conduct:
Acts aimed at corrupting the other spouse or persons under their care (children, nephews, relatives living in the household).
Separation for more than two years:
Whether voluntary or by judicial decision.
Mutual consent:
When both spouses decide to terminate the marital bond.
The evidentiary difficulty
Although the grounds are common, demonstrating their existence is complex.
In law, the maxim applies: “Give me the evidence and I will give you the right.”
This means that it is only possible to terminate the marriage if the evidence is:
- Legal
- Obtained in a valid manner
- Sufficient to demonstrate the ground before a judge
This evidentiary requirement becomes a barrier for those who wish to terminate their marriage but do not have legal means to demonstrate the ground.
A more flexible model?
In light of these difficulties, the question arises regarding the need to allow termination of marriage by unilateral decision of one of the spouses, which would eliminate dependence on rigid grounds and evidence that is difficult to obtain.
Marriage, although it is a contract, maintains a vocation of social service. The manner in which its termination is regulated must balance:
- Protection of the family
- Individual autonomy
- Effectiveness of the law
- Respect for the rights of each spouse.
