Colombian Family Law for Foreigners: Divorce, Child Custody, Marriage, Civil Unions & Family Visas (2026)

Last updated: February 11, 2026. Disclaimer: This page is general information, not legal advice. Family matters are fact-sensitive and outcomes depend on evidence, jurisdiction, and procedure.

Foreign nationals who marry, cohabit, separate, or raise children in Colombia frequently discover that “what we agreed privately” is not always what Colombian authorities will enforce. Colombia treats family law as a high public-policy area: civil status, children’s rights, support duties, and the economic effects of relationships are regulated by mandatory rules that can override informal arrangements and reshape cross-border plans.

This guide is written for foreigners and international couples who need a practical, litigation-informed understanding of the Colombian framework. It follows a relationship lifecycle flow—formation (marriage or civil union), patrimonial effects (property regimes), dissolution (divorce and separation), children (custody, relocation, and support), and finally immigration and cross-border recognition. That order is deliberate: it mirrors how disputes actually arise and how courts and notaries sequence decisions.

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Key Orientation for Foreigners (What Usually Creates Risk)

Rule of thumb: in Colombia, family status and child welfare are treated as mandatory public-policy issues, so “private agreements” and “foreign expectations” must be translated into Colombian formality and evidence to be reliably enforceable.

Common trigger #1 — property exposure: marriage can activate a community property logic (sociedad conyugal) that makes assets acquired during marriage subject to liquidation upon divorce, even if titled in one name.

Common trigger #2 — cohabitation exposure: cohabitation can become legally relevant; Law 54 of 1990 recognizes the unión marital de hecho and can generate patrimonial effects after sustained, singular cohabitation (often litigated around the two-year threshold).

Common trigger #3 — mobility exposure: when minors are involved, relocation or international travel is evaluated under the best-interest standard in Law 1098 of 2006, and courts can impose travel restrictions while disputes are pending.

Common trigger #4 — immigration exposure: visas tied to marriage or permanent partnership rely on civil registry coherence and ongoing eligibility under the Ministry of Foreign Affairs’ visa regime (Resolution 5477 of 2022, as amended).

With those trigger points in mind, the next section anchors the legal sources and procedural rules that control most foreigner-facing family disputes in Colombia.

Governing Legal Framework in Colombian Family Law (2026)

Colombian family law is grounded in the Colombian Civil Code (Código Civil), which regulates marriage, divorce causes, and core patrimonial effects. For divorce grounds, a key reference point remains Civil Code Article 154, which historically lists the recognized causes and has been the basis for contested divorce framing.

At the same time, Colombia has expanded autonomy in dissolution through statutory reform. Law 2442 of 2024 introduced a divorce ground based on the sole will of either spouse, changing negotiation dynamics in cases where one party refuses to consent to divorce. This reform does not erase property, support, or child-related consequences; it changes how dissolution can be initiated and argued.

Where children are involved, Law 1098 of 2006 (Code of Childhood and Adolescence) is decisive. Its best-interest standard (including Article 8) shapes custody, visitation, relocation, protective measures, and enforcement. Procedure is governed by the General Code of Procedure (Law 1564 of 2012), which matters because “winning” often depends on evidence hygiene: apostilles, certified translations, registry entries, and the correct forum. With that foundation, we can move into how foreigners establish family status in Colombia—starting with marriage.

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Marriage in Colombia for Foreigners: Validity, Registration, and Economic Effects

Answer-first: foreigners can marry in Colombia, but the legal effects are not limited to ceremony—civil registry validity and patrimonial consequences begin once the marriage is properly formalized and recognized for Colombian effects.

Practically, marriage preparation for foreigners is documentation-driven: identity documents, proof of single status, and (if applicable) proof of prior divorce. Even when a marriage took place abroad, Colombian effects often require registration steps and document formalities. If you are using foreign certificates in Colombia, the core compliance risk is documentary: missing apostilles/legalizations and uncertified translations can stall notarial or judicial steps and create inconsistent civil-status records.

Economic effects (high-stakes): many foreigners underestimate the default patrimonial effect of marriage. In practice, assets acquired during marriage can become subject to liquidation upon dissolution through the marital property framework. The dispute rarely turns on “whose name is on the deed” alone; it turns on characterization, timing, and proofs. If your plan includes buying property or running a business during marriage, the strategy is to align the property regime before acquisition, not after.

Common problem: a foreign spouse purchases Colombian property during marriage in their name only. What usually happens: upon separation, the other spouse claims participation in the marital estate; the case shifts into valuation and liquidation. Practical solution: plan the regime early and document the source of funds and timing; if a prenup is appropriate, formalize it before marriage.

Because property exposure is the most frequent “surprise” in foreigner family disputes, the next section explains how Colombian prenuptial agreements work and what makes them enforceable.

Internal resource: property acquisitions often intersect with liquidation disputes; see How to Buy Real Estate in Colombia for documentation and title-risk issues that commonly reappear in divorce negotiations.

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Prenuptial Agreements in Colombia (Capitulaciones Matrimoniales): Enforceability for Foreigners

Answer-first: a Colombian prenup is enforceable when it is executed with the correct formality and timing; informal private agreements are commonly disregarded in litigation.

Prenuptial agreements are commonly referred to as capitulaciones matrimoniales. Their role is to modify the default economic effects of marriage, including establishing separation of property or excluding specified assets. For foreigners, the practical value is risk containment: a properly structured prenup narrows what is divisible, reduces valuation disputes, and limits tactical leverage in contested divorces.

Evidence and formality risk: foreign couples sometimes rely on an agreement drafted abroad and assume it will “carry over.” In Colombia, enforceability often depends on domestic formalities and documentary cleanliness (apostilles/legalizations, certified translations, and clear identification of assets). A defective prenup can be as risky as no prenup because it creates false security and then collapses under procedural scrutiny.

Common problem: an entrepreneur signs a private agreement to keep business assets separate. What usually happens: during divorce, the other spouse challenges enforceability; the court applies the default regime and orders valuations. Practical solution: formalize capitulaciones correctly and maintain a clear asset map and funding traceability.

Not every couple marries. Many foreigners cohabit for years before formalizing their relationship. In Colombia, cohabitation can itself become legally and economically significant, which is why the next section explains civil union recognition and the “two-year” pattern foreigners frequently encounter.

Civil Union After Two Years: Unión Marital de Hecho and Patrimonial Consequences

Answer-first: in Colombia, a stable, singular cohabitation can be recognized as a permanent partnership (unión marital de hecho) and can generate patrimonial effects under Law 54 of 1990—even without marriage.

Law 54 of 1990 recognizes the civil status concept of permanent partners and allows for recognition pathways (notarial or judicial, depending on facts and disputes). Foreigners often misread “not married” as “no property consequences.” In practice, the dispute becomes evidentiary: proving cohabitation, exclusivity, and timeframe. The two-year threshold frequently appears in patrimonial recognition debates because it is a common turning point for claims.

How foreigners usually lose time: evidence is scattered (leases, utility bills, travel records, photos), and partners often have inconsistent narratives about when cohabitation began. Once litigation starts, reconstructing the timeline becomes expensive and adversarial. A practical risk-control step is to maintain a simple relationship timeline and keep copies of shared-address and joint-life evidence.

Common problem: a foreign national cohabits for three years and acquires assets in Colombia. What usually happens: upon separation, the partner seeks recognition and patrimonial division, and the case becomes document-heavy. Practical solution: understand the legal threshold early and plan property acquisition with cohabitation consequences in mind.

When relationships end, foreigners tend to focus on “how to get divorced,” but dissolution is only one part of the legal puzzle. The next section addresses divorce pathways and the 2024 reform that impacts cases where only one spouse wants to dissolve the marriage.

Divorce in Colombia for Foreigners (2026): Mutual Consent, Court Cases, and the 2024 Reform

Answer-first: foreigners can divorce in Colombia when jurisdiction exists, and since Law 2442 of 2024, divorce can be grounded in the sole will of either spouse—changing how contested cases begin—while property, support, and child issues still require regulation.

Divorce disputes in Colombia typically fall into two practical pathways: (1) mutual agreement processes (often handled through notarial mechanisms when legally appropriate) and (2) judicial proceedings when there is disagreement about dissolution or consequences. Civil Code Article 154 remains a key reference for divorce causes, but Law 2442 of 2024 introduced a new ground based on the unilateral will of one spouse, which can limit “veto-by-refusal” dynamics.

What the reform changes—and what it does not: it changes the ability to initiate dissolution, but it does not eliminate disputes about liquidation of the marital estate, custody, visitation, child support, and any spousal support claims. Foreigners should plan for a two-track reality: dissolving the status is one track, and regulating consequences is the second track, often the longer one.

Common problem: one spouse refuses to cooperate to delay divorce and gain leverage. What usually happens: the case becomes contested and expands into property and support disputes. Practical solution: prepare a complete evidence package (marriage documents, asset map, child plan) early and avoid “piecemeal” filing that invites delay tactics.

Internal resources: see How to Divorce in Colombia for a practical overview and How to Plan for Divorce in Colombia for asset-protection and documentation strategy.

Many foreign couples have marriages, divorces, or custody rulings from other countries. Those documents matter in Colombia—but they often require formal recognition or proper registry steps to produce domestic effects. The next section explains how foreigners should think about foreign documents, apostilles, translations, and recognition pathways.

Recognition of Foreign Marriage/Divorce/Custody Documents: Apostilles, Translations, and Exequatur Risk

Answer-first: foreign family documents can be used in Colombia, but enforceability often depends on (i) apostille/legalization, (ii) certified translation when needed, (iii) correct civil registry entries, and (iv) formal recognition routes for foreign judgments where required.

Foreigners routinely lose months because they arrive with “the right document” in the wrong form. Notaries and courts typically require apostilles or legalizations and certified translations, and they evaluate whether the document is compatible with Colombian civil registry requirements. For judgments—especially divorce or custody decisions—Colombian procedure may require a formal recognition step (exequatur) under the General Code of Procedure before the judgment is treated as producing domestic effects in Colombia.

Applied example: a foreigner presents a foreign divorce decree to remarry or to update civil status for visa purposes. If registry coherence or recognition steps are missing, the process can stall, and the person may remain “married” in Colombian records despite being divorced abroad. This mismatch can affect inheritance, property liquidation, and immigration filings.

Common problem: documents are translated informally or apostilles are missing. What usually happens: filings are rejected or suspended, and timelines extend. Practical solution: treat document preparation as a critical path item—especially before filing divorce, civil union recognition, or visa renewals.

Internal resources: see Colombia Translations & Apostilles and Certified Translations in Colombia for practical document compliance guidance.

Once children are involved, the legal system becomes more protective, and many disputes shift from “adult choice” to “child stability.” The next section addresses custody, visitation, relocation abroad, and how foreigners should plan international travel with minors.

Child Custody in Colombia for Foreign Parents: Best Interest, Relocation Abroad, and Travel Authorization

Answer-first: Colombian custody decisions prioritize the child’s best interest under Law 1098 of 2006, and international relocation or travel can require consent or judicial authorization, especially when parents disagree.

Colombian family authorities evaluate custody and visitation through stability and rights protection. Law 1098 of 2006 places the child’s best interest at the center of decision-making (commonly cited from Article 8). For foreigners, this means that relocation proposals must be presented as stability plans: schooling, housing, support networks, continuity of contact with the other parent, and evidence that the move is not a disguised deprivation of the other parent’s rights.

Relocation and travel risk: the most common crisis pattern is unilateral travel planning. A parent assumes “I have custody, so I can travel,” or “we agreed by WhatsApp.” When conflict arises, courts can impose travel restrictions while the case is pending. The legal issue is not only consent; it is whether relocation or travel disrupts the child’s life and whether the non-traveling parent’s relationship is protected.

Common problem: a foreign parent tries to leave Colombia with a child without formal authorization. What usually happens: urgent filings and protective measures, including travel restrictions; the case becomes evidence-driven and slow. Practical solution: obtain clear written authorizations or seek judicial authorization with a detailed plan before making irreversible commitments (schools, flights, leases).

Internal resources: custody and visitation details are covered in How to Get Colombian Child Custody and Child Custody & Parental Rights.

Custody disputes nearly always intersect with financial duties. The next section explains child support enforcement, spousal support risk, and the special risk category that foreign spouses often overlook: stepparent support exposure after long-term assumption of a parental role.

Support Duties in Colombia: Child Support, Spousal Support, and Stepparent Exposure

Answer-first: support duties in Colombia are enforceable obligations—especially for minors—and foreign nationals can create support exposure through both legal status and long-term conduct, including potential stepparent obligations in dependency scenarios.

Child support: once child support terms are formalized in an agreement or court decision, enforcement tools can be significant (including wage withholding and asset measures). From a litigation perspective, support compliance also affects credibility in custody disputes and can influence protective measures and travel authorizations.

Spousal support: separation and divorce can create support claims where dependency and economic imbalance are argued. While outcomes vary by facts and evidence, foreigners who control most income or hold the main assets should treat support negotiations as foreseeable and plan the documentation accordingly.

Stepparent (stepfather/stepmother) exposure: this is a competitor gap topic that is highly relevant for foreigners entering relationships with children. Even without formal adoption, courts may examine whether a stepparent voluntarily assumed parental functions and created economic dependency for a child. The legal analysis often turns on conduct over time—school payments, healthcare, daily support, and representation as a parent—combined with the child’s best interest. In practice, foreigners should view “taking responsibility” as a legal risk decision that should be documented and planned, not left informal.

Support Duties in Colombia: Child Support, Spousal Support, and Stepparent Exposure

Answer-first: support duties in Colombia are enforceable obligations—especially for minors—and foreign nationals can create support exposure through both legal status and long-term conduct, including potential stepparent obligations in dependency scenarios.

Child support: once child support terms are formalized in an agreement or court decision, enforcement tools can be significant (including wage withholding and asset measures). From a litigation perspective, support compliance also affects credibility in custody disputes and can influence protective measures and travel authorizations.

Spousal support: separation and divorce can create support claims where dependency and economic imbalance are argued. While outcomes vary by facts and evidence, foreigners who control most income or hold the main assets should treat support negotiations as foreseeable and plan the documentation accordingly.

Stepparent (stepfather/stepmother) exposure: this is a competitor gap topic that is highly relevant for foreigners entering relationships with children. Even without formal adoption, courts may examine whether a stepparent voluntarily assumed parental functions and created economic dependency for a child. The legal analysis often turns on conduct over time—school payments, healthcare, daily support, and representation as a parent—combined with the child’s best interest. In practice, foreigners should view “taking responsibility” as a legal risk decision that should be documented and planned, not left informal.

Common problem: a foreign stepfather funds schooling and healthcare for years, then separates and stops payments abruptly. What usually happens: the child’s dependency is argued and a court may order continuity measures depending on evidence and circumstances. Practical solution: clarify roles early, document agreements, and obtain legal guidance before making commitments that function like long-term support.

Where family status and support duties exist, immigration often becomes the next pressure point. The next section connects marriage and civil union recognition to family-based visas, residency strategy, and what divorce can trigger for foreigners in Colombia.

Family-Based Visas and Immigration Continuity: Spouse/Partner Visas, Parent Visas, and Divorce Risk

Answer-first: Colombia’s family-based visas depend on civil status and documentary coherence under the Ministry of Foreign Affairs’ visa regime (Resolution 5477 of 2022, as amended), and divorce or dissolution can destabilize renewal strategy if the relationship is the eligibility basis.

For many foreigners, the practical goal is stable residence. Family-based pathways frequently arise through (i) marriage to a Colombian national, (ii) permanent partnership recognition, and (iii) parent-of-Colombian-child pathways. These are regulated within Colombia’s visa framework, which sets documentary requirements, eligibility conditions, and time accumulation rules for longer-term status planning.

Marriage and partnership visas: relationship-based filings depend on valid civil registry entries and consistent documentation. If a marriage or civil union is not properly registered, the visa case can stall. If divorce proceedings begin, foreigners should treat timing as critical: renewal windows, registry updates, and alternative visa bases should be assessed early to avoid last-minute instability.

Parent pathway: parent-of-Colombian-child status can provide an alternative basis for some foreigners whose long-term plan is tied to family in Colombia. While each case is fact-specific, foreigners should understand that visa strategy can sometimes shift from “spouse-based” to “parent-based” if the relationship dissolves, provided eligibility requirements are satisfied.

Common problem: a foreign spouse assumes their visa is “safe” while divorce is pending. What usually happens: renewals become document-heavy and timing-sensitive; inconsistencies can trigger requests for evidence or delays. Practical solution: coordinate family litigation strategy with immigration planning early, and consider alternative visa pathways if relationship-based eligibility may end.

Litigation & Financial Risk Model for Foreigners (Timeline, Delay Triggers, Exposure Points)

Answer-first: Colombian family disputes become expensive and slow when evidence is incomplete, cross-border documents are not prepared correctly, or children/relocation are involved—so the fastest path is usually strong documentation and early strategy alignment.

Typical “case stack”: foreigner cases often involve multiple linked issues—dissolution, interim measures, property liquidation, custody/visitation regulation, and support enforcement. Treating these as one integrated case plan reduces contradictions and procedural backtracking.

Delay triggers that hit foreigners hardest: missing apostilles, uncertified translations, inconsistent civil registry status, unclear cohabitation timelines (civil union disputes), and contested valuations of businesses or real estate. Where children are involved, courts may require evaluations and may impose interim travel restrictions, which can disrupt international work plans.

Exposure categories to model: (1) patrimonial exposure (assets acquired during marriage or qualifying cohabitation), (2) support exposure (child support enforcement, possible spousal support, dependency-based claims), (3) mobility exposure (relocation denials or interim restrictions), and (4) immigration exposure (renewal timing and eligibility shifts during dissolution).

Two litigation-informed hypotheticals: First, a foreign spouse initiates divorce; the other spouse disputes valuation of a business and requests evidence, prolonging liquidation. Second, a foreign parent proposes relocation; the other parent objects, and the court imposes interim travel restrictions pending a best-interest analysis. In both scenarios, the “legal right” exists, but evidence quality and procedural sequencing determine the practical outcome.

The most consistent way to reduce delay is to prepare your case like a dossier: a timeline, an asset map, child-related documents, and immigration posture. The next section provides a streamlined consultation checklist designed for foreigners.

Attorney Consultation Checklist for Foreigners (Streamlined, High-Impact)

Answer-first: your first consultation is most effective when you bring a clean timeline, correct civil documents (in Colombian-ready form), and an asset/child map—because those items control jurisdiction, procedure, and risk.

  • Identity + immigration: passports/IDs and your current visa or status (including renewal dates).
  • Civil status docs: marriage certificate or proof of partnership; if divorced abroad, the judgment plus apostille/legalization and certified translation.
  • Cohabitation evidence: shared address proof (leases, bills, registry records) if civil union recognition may be disputed.
  • Asset map: list of Colombian assets and debts acquired during marriage/cohabitation (property, accounts, vehicles, business shares) with approximate dates.
  • Children’s file: birth certificates, school/medical information, current care schedule, and any travel/relocation plans.
  • Key risk questions: where each party is domiciled, whether relocation is requested, whether a prenup exists, stepparent support exposure facts, and whether your visa depends on the relationship.

If you do not have an item, note what is missing; your attorney may propose legal substitutes and evidence routes depending on whether your case is notarial, judicial, or immigration-tied.

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Internal resources: see What Is a Colombian Marriage Visa?, What Is the Colombia Parent Visa?, and the hubs Colombia Visa Guide and Visas.

At this point, the rules are clear—but foreigners also need a realistic model of timelines, delay triggers, and exposure points. The next section translates the framework into a litigation and risk model you can use to plan your next steps.

FAQ: Colombian Family Law for Foreigners (PAA-Style)

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Can I file for divorce in Colombia if I married abroad?

Often yes, especially if Colombia is the practical forum because one spouse resides or is domiciled in Colombia, the family home is here, or assets are located in Colombia. Divorce strategy depends on whether there are minor children and whether the parties agree on consequences. Civil Code Article 154 remains relevant for divorce causes, and Law 2442 of 2024 introduced a ground based on the sole will of a spouse, which can reduce “veto-by-refusal” dynamics. Even so, property liquidation and child-related agreements may still require negotiation or judicial decisions.

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What is the difference between a notary divorce and a court divorce in Colombia?

Mutual-consent divorces can sometimes be handled through streamlined procedures when the parties agree on dissolution and consequences. Court proceedings are typically required when there is disagreement, when child-related protections require judicial review, or when complex patrimonial liquidation is disputed. For foreigners, the practical difference is not only speed; it is also evidence control and enforceability. If children are involved or relocation is an issue, expect judicial supervision and best-interest analysis rather than purely private agreement execution.

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Are prenuptial agreements enforceable for foreigners in Colombia?

They can be highly effective when properly formalized and supported by clean documentation. The key risks are formality and proof: agreements drafted privately or abroad may be attacked in litigation if they do not meet Colombian requirements or if translations/apostilles are missing. A valid prenup (capitulaciones matrimoniales) is most valuable when it clearly identifies excluded assets, defines treatment of future acquisitions, and is aligned with the couple’s actual financial behavior. Foreigners should treat prenups as part of a broader evidence strategy, not as a standalone document.

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Will divorce affect my visa if my status is based on marriage or partnership?

It can. Relationship-based visas depend on civil status and documentary coherence under Colombia’s visa framework (Resolution 5477 of 2022, as amended). Divorce, dissolution, or inconsistent registry entries can complicate renewals and may require shifting to a different visa basis. Foreigners should coordinate immigration planning with family strategy early—especially if residency goals depend on time accumulation—so the end of a relationship does not create avoidable immigration instability.

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Does living together in Colombia create property rights after two years?

It can. Law 54 of 1990 recognizes permanent partnerships (unión marital de hecho) and can generate patrimonial consequences where stable, singular cohabitation is proven over time (often litigated around the two-year threshold). The practical issue is evidence: leases, shared bills, witness testimony, and consistent timelines. Foreigners should treat cohabitation as legally relevant when acquiring assets in Colombia, because a later recognition claim can bring those assets into a division dispute even without a formal marriage.

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Can I relocate abroad with my child from Colombia?

Relocation disputes are decided under the best-interest standard in Law 1098 of 2006 (including Article 8). If the other parent objects, courts examine stability, schooling, emotional bonds, and the practical plan for maintaining the child’s relationship with both parents. Unilateral relocation attempts can trigger urgent protective measures, including travel restrictions while the case is pending. Foreign parents should plan relocation like a legal project: a detailed stability plan, documented consent where possible, and early legal filing when consent is not achievable.

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Can a stepfather be required to pay child support in Colombia?

Stepparent exposure depends on facts and evidence. Adoption creates clear parental duties, but even without adoption, courts may examine whether a stepparent voluntarily assumed parental functions and created economic dependency for the child over time, especially where abrupt withdrawal would harm the child’s welfare. This analysis is usually anchored in the child’s best interest and the reality of household support, not only biology. Foreign spouses should take legal advice early when entering a family structure with children to manage expectations and avoid unintended long-term obligations.

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Conclusion: How Foreigners Reduce Family-Law Risk in Colombia

Foreigners generally face the same substantive family rules as Colombians, but with additional procedural friction: foreign documents must be in Colombian-ready form, civil registry coherence matters, and cross-border assets and travel plans add complexity. In 2026, the practical lessons remain consistent. Plan the economic regime before marriage, treat cohabitation as legally meaningful, approach divorce as a two-track process (dissolution plus consequences), and treat child relocation as a best-interest legal project rather than a travel decision. Finally, align family status with immigration strategy early so that dissolution does not create avoidable visa exposure. When these items are handled proactively, cases tend to resolve faster and with fewer costly evidentiary disputes.

James Lindzey – Director of Legal Services at Colombia Legal & Associates S.A.S.

About the Author

Written & Reviewed by: James Lindzey
Director of Legal Services – Colombia Legal & Associates S.A.S.

James Lindzey has lived in Colombia full-time since 2005 and has more than 20 years of experience assisting foreign nationals and expats with Colombian legal matters. His work focuses on helping foreigners navigate immigration issues, business and commercial transactions, real estate investments, family law matters, and civil disputes when interacting with local individuals, companies, and institutions.

James works closely with Colombian attorneys to advise clients on visa compliance, company setup, contracts, litigation risk, property transactions, and cross-border legal issues. As editor of MedellinLawyer.com, he provides practical, experience-based legal guidance designed for expats operating in a different legal and cultural environment.


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