Análisis sobre la posible aplicación del divorcio sin causa en Colombia

Abstract

Marriage is the union of two people who have decided to lead a life in common, acquiring with this will, rights and obligations between couples, but when the marriage is over the power to institute the divorce remains. Divorce is invoked when there is no common agreement by the innocent spouse limited the free development of the personality of the guilty, a position of Colombian law and jurisprudence which strengthens the family as an institution that prevails over other rights. The divorce without cause is the way in which the will of the parties in ending the marriage bond can be respected, but for the Constitutional Court the contracting parties accept the marriage contract, to which they concur voluntarily, they also accept the clauses of the they derive restrictions for their autonomy, and this includes those related to the mechanisms that exist to dissolve it.