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A GUIDE TO CAPITULATIONS IN COLOMBIA

According to the Civil Code of Colombia, Title XXII: Marriage contracts, Article 1771 defines prenuptial agreements or prenuptial agreements as conventions entered into by the spouses prior to marriage. These agreements are related to the assets they own, their gifts and the concessions they wish to transfer to their spouse in the present or in the future.

BY GRANTING A CAPITULATION

Article 1772 of the Civil Code stipulates that marriage agreements must be executed by public deed. If the assets contributed to the marriage by both spouses do not total more than one thousand pesos together, and if no real property rights are established, registration rights will be accepted in a private deed if signed by the parties and by three witnesses domiciled in the territory. If these requirements are not met, then the agreement cannot be granted.

PROVISIONS FOR THE WIFE

Article 1776 of the Civil Code provides that, in marital agreements, the wife shall administer a portion of her property independently of the husband. The woman may also freely pay a certain sum of money or periodic pension. The payment will act as a partial separation of assets, but it will be illegal for the wife to make loans on the payment.

REVOCABILITY OF THE CAPITULATIONS

Article 1778 of the Colombian Civil Code establishes that a marital agreement may be revoked until the marriage takes place. They shall not be recognized before marriage and may not be modified after marriage, even with the consent of all persons involved.

ALTERING THE CAPITULATIONS

Any alteration to a marriage agreement will not be admitted in court as established in Article 1779 of the Colombian Civil Code. No alteration shall bind third parties.

DESIGNATED PROPERTY

The agreement will determine how the property of the spouses will be designated. The agreement will contain its expressed value and the debts related to the property.
 
Author: Attorney Jr. of Cuadro Legal Abogados
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