The Case That Reached the Supreme Court
A Colombian citizen entered into a civil marriage. Years later, he argued before a judge that the marriage was a mistake, its sole intention being to obtain a visa or immigration benefit. Can this marriage be declared null and void? Is it possible for a judge to erase it as if it never existed?
The Supreme Court of Justice resolved precisely this on November 6, 2025, in ruling SC2016-2025, a decision that is generating debate among families, consulates, and law firms throughout the country.
The question is unsettling: If you married “just for papers,” “for convenience,” or “to get a visa”… does that marriage truly exist under Colombian law?
What is a sham marriage?
A sham marriage occurs when two people stand before a judge or notary, sign the marriage certificate, and publicly declare their intention to marry, but their true intentions are entirely different. They are not seeking to start a family, they have no desire to live together as spouses, and they do not want to share a life together.
Their true objective is instrumental: to obtain a visa, access immigration benefits, inherit property, access life insurance, regularize their immigration status, or avoid legal obligations.
This type of marriage of convenience has increased significantly in Colombia, especially in contexts where immigration to the United States, Canada, or Europe represents an economic or personal “way out.”
What the Supreme Court Said
The Supreme Court established that it IS possible to judicially declare a civil marriage a sham in Colombia, but under very specific conditions:
1. Prior agreement to sham marriage: Both parties must have agreed BEFORE or DURING the wedding that the marriage would be “only on paper.”
2. Discrepancy between internal and declared intent: What they said publicly (“we want to get married”) does not coincide with what they really wanted (obtaining a visa, not starting a family).
3. Complete absence of marital intent: There was never any intention to live together, share a life, or form a permanent community.
4. Different hidden purpose: The real purpose was something else: visa, financial gain, immigration fraud, etc.
5. Conclusive evidence: The party alleging sham marriage must PROVE all these elements with solid evidence.
However, **in this specific case, the Court denied the claim of sham marriage**. Why? Because the plaintiff failed to provide sufficient evidence that both spouses agreed to the sham marriage, nor did he demonstrate that there was never any genuine intention to marry.
Key lesson: It’s not enough to say “I got married on paper.” You have to prove it with facts, testimony, documents, and objective circumstances.
What are the consequences of a sham marriage? Civil and family consequences: If a judge declares your marriage a sham, that marriage NEVER existed. It’s as if you were never married. There is no marital property to divide, no inheritance rights between the “spouses,” no property rights derived from the marriage, and the civil status of “married” is retroactively eliminated.
Immigration consequences: In the United States, Canada, Spain, and other countries, entering into a fraudulent marriage to obtain a visa is a FEDERAL CRIME. Consequences include immediate deportation, a 10-year or permanent ban on re-entry, fines of up to $250,000 USD, imprisonment for up to 5 years, and automatic denial of permanent residency.
In Colombia, while there are no specific criminal penalties for sham marriages, there are administrative consequences: visa denials for the foreign spouse, thorough consular investigations, and possible rejection of immigration benefits.
Economic and property consequences: If third parties (heirs, creditors, insurance companies) prove that your marriage was a sham, you could lose life insurance benefits, have fraudulently obtained inheritances revoked, have property transfers between “spouses” annulled, and face liability for damages to affected third parties.
Warning Signs: Could Your Marriage Be in Trouble?
Immigration authorities, judges, and other parties use specific indicators to identify sham marriages. If your situation includes several of these signs, your marriage could be at legal risk:
Significant age difference (more than 30 years), total absence of cohabitation (they never lived together or only cohabited briefly to “pretend”), mutual ignorance (the spouses do not know basic information about each other), contradictions in interviews (when questioned separately, the answers do not match), exclusively transactional relationship (there is evidence of payment or “business agreement” to get married), lack of evidence of a real relationship (there are no photos together, shared trips, joint bank accounts, affective communications), marriage immediately followed by visa application (they get married and a few days later they apply for a visa or residence), one of the spouses maintains an affective relationship with another person during the marriage, and testimony from third parties confirming that “they got married only for papers.”
What to Do If You Are in This Situation?
If you married for convenience and now regret it: Yes, you can annul that marriage by alleging sham marriage, but it will be extremely difficult to prove if your ex-spouse doesn’t cooperate. You’ll need proof that you both agreed to the sham marriage, evidence that there was never any real cohabitation, third-party testimony, and documents that demonstrate the hidden purpose. In many cases, divorce is faster, cheaper, and more secure than a sham marriage.
If you are legally married but your relationship has “red flags”: Document your relationship NOW with photos of real moments together, WhatsApp messages that demonstrate affection, trips taken together, leases or property purchase agreements in both names, joint bank accounts, utility bills in both names, and letters from friends and family attesting to the relationship. Prepare consistent answers for consular interviews where both of you must know basic details about each other.
If someone is suing over your marriage for being a sham: As a legal heir, you have the right to challenge the sham marriage if you can prove it was a fraudulent agreement. You will need to gather evidence before filing a lawsuit: testimonies from family members, medical records, financial analyses, and evidence of cohabitation. Consult with a specialist lawyer to assess whether the evidence is strong enough, keeping in mind that these processes are lengthy (2-4 years) and expensive.
Key Difference: Simulation vs. Divorce and Annulment
Many people confuse these concepts. They are not the same.
Simulation: The marriage NEVER existed because it was a sham from the start. It has retroactive effects: it’s as if you were never married. There is no marital partnership, no rights. It applies when BOTH spouses agreed from the beginning that the marriage would be merely “on paper” with a hidden purpose.
Annulment: The marriage existed, but it was flawed from the outset (one of the spouses was already married, there was a mistake regarding identity, or there was a lack of free consent). It has retroactive effects.
Partial: some effects of the marriage are recognized while it was considered valid. This applies when there are specific legal impediments under the Civil Code.
Divorce: The marriage was valid, but the relationship ended. It has prospective effect: the marriage was legally valid. The marital property is divided, and there are rights and obligations. It applies when the marriage was real but failed due to legal reasons.
Practical conclusion: If your marriage was real at the beginning, but no longer works, divorce is your path. If it was never real, then simulation is the correct figure (but very difficult to prove).
Why is this ruling relevant to you?
Although the Supreme Court denied simulation in this specific case, the precedent establishes clear rules:
Civil marriages CAN be declared simulated in Colombia. The burden of proof is VERY HIGH: it is not enough to say “I got married for papers”. Both spouses must have agreed to the fraud. Third parties affected (heirs, creditors) may sue for simulation. Immigration-related marriages of convenience are on the judicial radar.
Strategic implication: If you’re considering getting married “just for papers,” think twice. The legal, immigration, and economic consequences can haunt you for decades.
If you are already married under these circumstances, document your actual relationship or urgently consult with a lawyer to evaluate your legal options.
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