Derecho a la intimidad:su vulneración en los procesos de divorcio sin mutuo acuerdo

Abstract

Within the contentious divorce process, it is permitted to perform a separation without the consent of one of the parties to the marital union under certain grounds established in article 154 of the Colombian Civil Code. The first subparagraph of the same article establishes the cause commonly known as 'infidelity'; which, during the litigation that takes place within the Colombian legal system, leads naturally to a probative phase. However, the implications of proving the act of infidelity before the witness box, most of the time, incurs an intrinsic violation by the implicated ones of the right to privacy of the guilty spouse; the above, as a consequence of the ignorance of the law. This violation has been recognized and has been reformed laws on the grounds for divorce in different countries such as Finland. In view of this, an in-depth study is made of the scope given to the right to privacy in contentious divorce proceedings on grounds of infidelity; determining its scope, international application, and the level of need it has in the application of the Colombian legal system.