Uncontested Divorce in Colombia (Mutual Consent)
An uncontested divorce, also called a mutual consent divorce, is the fastest and least stressful way to end a marriage in Colombia. It applies when both spouses agree to divorce and can settle the terms between them, such as custody, support, and how property is divided. Because there is nothing for a judge to resolve, these cases are finalized before a notary rather than in court, which makes them quicker and more affordable.
What Qualifies as an Uncontested Divorce
The defining feature is agreement. Both spouses want the divorce and can align on the arrangements that follow, which is what allows the process to bypass litigation entirely.
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Both spouses consent to ending the marriage.
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The couple agrees on the key terms, including arrangements for children, support, and the division of assets.
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Those terms are set out in a settlement agreement that forms the basis of the divorce.
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​An uncontested divorce before a notary is authorized under Article 34 of Law 962 of 2005, which allows spouses who agree on all terms to finalize their divorce by public deed through legal counsel rather than through a judge.
The Notarial Divorce Process
When a divorce is uncontested, it is processed through a notary rather than the courts, which is what gives this route its speed. The lawyers prepare the agreement, and the notary formalizes the divorce once everything is in order.
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A settlement agreement is drafted covering the divorce and all agreed arrangements.
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The agreement and required documents are presented to the notary through a lawyer acting for the couple.
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Once the notary confirms everything is in order, the divorce is formalized and is registered in the civil registry.
When Minor Children Are Involved
Agreement between the spouses does not remove the need to protect the interests of any minor children, and Colombian law builds in a review step for exactly that. This does not make the divorce contested, but it does add a safeguard.
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Arrangements for the custody, care, support, and visitation of minor children must be clearly set out in the agreement.
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A representative of the public ministry typically reviews those arrangements to confirm the children’s interests are protected.
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Once that review is satisfied, the mutual consent divorce proceeds through the notary as normal.
Keeping a Divorce Uncontested
The value of this route is speed, and the thing that protects it is agreement holding together. Where sticking points appear, resolving them before filing keeps you out of court.
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Clear, complete terms in the settlement agreement reduce the risk of a dispute surfacing later.
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If a genuine disagreement does arise, the divorce is no longer uncontested and would proceed through the family courts.
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We work to close gaps in the agreement early, so an otherwise agreed divorce does not slip into a contested one.
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Additional Requirements for Divorce Before a Notary (Mutual Consent Only)
To finalize your divorce before a notary, you will need the following:
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A recent copy of your civil registry marriage certificate. Notarías require this to have been issued within the last 90 days, so it is worth requesting an updated copy before the process begins.
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Valid identification for both spouses, either a cédula de ciudadanía, cédula de extranjería, or passport.
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Birth certificates for any children of the marriage, along with a written agreement covering custody, visitation, and child support.
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A settlement agreement covering how any shared property, debts, or spousal support will be handled.
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If either spouse cannot appear in person, a power of attorney authorizing an attorney to sign on their behalf. This is common for clients who live outside Colombia. See our page on remote divorce by power of attorney for how that works.
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If the marriage took place outside Colombia, additional steps apply before a notarial divorce can proceed. See our page on foreign marriage divorce for eligibility and requirements.
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Frequently Asked Questions
How fast is an uncontested divorce in Colombia?
When both spouses agree and the documents are ready, a notarial mutual consent divorce can be completed in a matter of weeks, far faster than a contested case.
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Do we have to go to court for a mutual consent divorce?
No. If the divorce is genuinely uncontested, it is handled before a notary rather than a judge.
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What if we have minor children?
The arrangements for their care must be set out in the agreement and are reviewed by a representative of the public ministry, after which the divorce can proceed through the notary.
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What happens if we stop agreeing partway through?
If a genuine dispute arises over the terms, the divorce is no longer uncontested and would need to proceed as a contested case through the family courts.
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Can we get an uncontested divorce if one spouse lives outside Colombia?
Yes. A spouse who cannot travel to Colombia can grant power of attorney to an attorney who signs on their behalf, so the process does not require both spouses to be physically present at the notary. This is included in our standard fee for an uncontested divorce.
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Does a marriage that took place outside Colombia qualify for a notarial divorce here?
It depends on whether the foreign marriage has been registered in Colombia and on a few other eligibility factors. Visit our foreign marriage divorce page for details, or contact us and we will confirm whether the notarial route is available to you.
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Will my Colombian divorce be recognized in my home country?
The divorce deed needs to be apostilled before a foreign government or institution will accept it. We assist clients with this step once the divorce is finalized.
Cost of an Uncontested Divorce in Colombia
The fee for an uncontested divorce processed through a notary, including handling of a power of attorney for clients who are overseas or prefer not to travel to Colombia, is five times Colombia's current monthly minimum wage (5 SMMLV).
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For 2026, Colombia's monthly minimum wage is 1,750,905 COP, which puts the total fee at 8,754,525 COP, or approximately USD $2,726 at current exchange rates.
Because this fee is tied to the annual minimum wage rather than a fixed peso amount, it adjusts each year when the new minimum wage is set. Contact us for a current quote and an up to date USD conversion.
After Your Divorce Is Finalized
Once the notary issues the divorce deed, a marginal note is registered against your civil registry marriage certificate to reflect the change in your marital status, and the notary sends notice to the relevant registry offices. If you need your identification updated to reflect your new marital status, this is done separately through the Registraduría.
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If you plan to use your Colombian divorce decree outside the country, it will need to be apostilled before a foreign government or institution will recognize it. We can help you obtain the apostille as part of closing out your case.
Start Your Mutual Consent Divorce
If you and your spouse both want the divorce and can agree on the terms, there is no need for a long court battle. Contact us to prepare your agreement and handle the process through a notary. If you are outside Colombia, both of you can be represented remotely, so no travel is required.
Meet John Marshal
Senior Partner, LCG-Colombia
John has guided many foreign nationals through uncontested divorce in Colombia, helping couples reach a fast, straightforward resolution through the notary process rather than the courts. He works to keep the process efficient while making sure every detail is handled correctly.