Marital relationships with serious coexistence issues can lead to more than just divorce and property division, depending on what the couple has accumulated during their marriage. In Colombia, one party to a marriage can resort to economic recognizance if he or she has been affected by the actions of his or her partner.
It allows for compensation for psychological damage between spouses.. This legal provision is backed by law and case law and allows one member of a couple to claim financial compensation if they suffer emotional or psychological damage as a result of their partner’s actions.
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Jimmy Jimenez, a family lawyer with the Colombian law firm Integrity Legal, said: The country’s legal system aims to protect the spiritual integrity and dignity of people in marriage relationships..
In this sense, according to experts, moral damage in the context of people united in marriage is defined as a series of suffering, anguish or psychological changes that affect a person’s well-being or quality of life, without necessarily involving direct economic losses.
They are “situations that may arise as a result of marital discord, separation, or abuse.”explained in detail by experts on the law firm’s official website. Colombian law states that this type of damage may be eligible for compensation if its existence and extent can be proven before a judge.
In order to proceed with the above-mentioned compensation, it is essential to comply with certain requirements that are compatible with the most common causes that may give rise to this type of compensation.
- Acts of domestic violence.
- Infidelity that causes serious psychological damage.
- Wrongful abandonment.
These and other situations are believed to cause serious psychological or emotional harm.. However, a successful compensation application process requires the ability to prove by solid evidence that your spouse’s conduct actually caused the relevant harm.
This evidence must include testimony, psychological reports, and evidence of the circumstances surrounding the event that injured one spouse.
The lawyers explain in the text that Colombia’s regulations do not establish a fixed method or values for establishing the law. Quantification of compensation amount in such cases. Therefore, the determination of the amount that the defendant spouse must pay to the victim is at the discretion of the judge, who must assess the seriousness of the damages, the specificity of the case, and the robustness of the evidence presented.
In addition to this, according to explanations provided by rights experts: audienceThe financial situation of the person who has to pay compensation must also be considered. The judge is responsible for assessing your financial capacity and, in that sense, defining the amount you have to pay..
According to family lawyers, compensation for moral damages in marital relationships does not only serve a compensatory function. It also acts as a deterrent mechanism aimed at preventing behaviors that may be harmful to the members of the couple.
“Colombian jurisprudence is evolving regarding compensation for psychological damages between spouses, establishing important precedents that will guide future litigation. These court decisions emphasize the importance of protecting the emotional and psychological rights of individuals in marriage.“We recognize that certain actions can affect people’s dignity and well-being,” the lawyer said.
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