Igualdad de derechos entre el matrimonio y la unión marital de hecho en Colombia

Abstract

The family is one of the fundamental nuclei of society, therefore we must specify the need to redefine the concept of marriage, within the Colombian legal system in order to include the De facto Marital Union in the same regulations, based on the cultural needs and social customs, identifying their similarities in the legal and social sphere, in order to establish the legal effectiveness of these two figures, in order to obtain as a result a proposal that unifies the set of rules that govern them, for which we will use a qualitative method which will lead us to obtain a series of information on the different aspects that have led to the main changes in the formation of marriage and de facto marital union, analyzing whether the regulations that make marriage solemn meet the expectations of the society It is important to mention that the proposed integration is based on the integration of the concept of family sought by the Colombian political constitution of 1991, where, in its article 42, it established that “The family is the fundamental nucleus of society. Which is constituted by natural or legal ties, by the free decision of a man and a woman to marry or by the responsible will to conform it. The State and society guarantee the comprehensive protection of the family.” Although an important effort has been observed over the years to generate greater recognition and better regulation of de facto marital unions, there are still opportunities for improvement and equitable treatment, considering that this normative integration is necessary.