When my partner and I began planning our marriage, the last thing we wanted to think about was what might happen if it ended. But after attending a legal seminar hosted by Chaux Jaramillo Abogados, one of the most respected firma de abogados en Cali, our perspective changed completely.
In Colombia, prenuptial agreements — known as capitulaciones matrimoniales — are more than just legal formalities. They are tools of protection, clarity, and foresight. What we learned from the Chaux Jaramillo team was that these agreements are not about planning for failure, but rather, about establishing a smart foundation for the future.
What Are “Capitulaciones Matrimoniales”?
Capitulaciones matrimoniales are legal agreements signed before marriage, detailing how property and financial assets will be managed during the marriage and in the event of a divorce. In Colombia, if you don’t sign a prenuptial agreement, the law automatically assumes a “community property” regime — meaning that everything acquired during the marriage will be split 50/50 if it ends.
This might sound fair at first glance, but as Abogados de familia Cali explained, it often leads to legal battles, emotional strain, and financial losses, especially in cases involving inherited assets, family businesses, or unequal financial contributions.
Protecting Both Partners
One key takeaway from the seminar was that capitulaciones protect both parties, not just the wealthier one. They allow couples to agree on how assets will be divided, who retains ownership of specific properties, and how future investments will be treated.
This is particularly useful in second marriages or when one partner enters the marriage with significantly more assets. With clear terms, couples can prevent misunderstandings and ensure that emotions don’t cloud legal decisions if things go wrong later.
Simplifying the Divorce Process
What stood out to me most in the Chaux Jaramillo session was how much easier a divorce becomes when there are capitulaciones in place. Instead of a long court battle over who gets what, couples follow what they already agreed to.
The lawyers emphasized that having a legal structure defined beforehand allows for cleaner, faster dissolutions. And in family law, avoiding lengthy trials often benefits not just the couple, but also their children.
A Sign of Trust and Transparency
There’s a misconception that talking about a prenuptial agreement implies distrust. On the contrary, what Chaux Jaramillo Abogados made clear is that it’s a sign of honesty and commitment. Being willing to talk openly about finances and future possibilities reflects maturity, not pessimism.
The process itself can strengthen a couple’s bond, forcing them to discuss difficult topics and align their expectations before taking a major legal step.
Legal Expertise That Makes a Difference
As a lawyers group with over 25 years of experience, Chaux Jaramillo has guided hundreds of couples through this process. They don’t just draft contracts — they offer tailored advice based on each couple’s circumstances.
Their team helped us understand which assets should be included, how to address shared businesses, and how the agreement would be enforced if needed. Most importantly, they did it without pressure or legal jargon, making us feel informed and confident in our decisions.
Now…
Getting married is a legal act as much as it is an emotional one. And while no one enters a marriage planning for divorce, life is unpredictable. Preparing legally isn’t about doubting the relationship — it’s about protecting it.
Thanks to the insights from Chaux Jaramillo Abogados, we were able to put together a prenuptial agreement that feels balanced, fair, and future-focused. If you’re getting married in Colombia, especially in Cali, I highly recommend speaking with this seasoned Law firm. Their guidance could save you years of trouble down the road.
