Incorporation of the Mixed Divorce Regime in The Colombian Legal System: A Reflection Based on The Constitutionalization of Private Family Law

Abstract

Uncaused divorce is the result of a recent regulatory trend that aims to respond to the demands of the constitutionalization of private law and the new dynamics of family relationships that have found restrictions on 
the autonomy of will, the right to privacy and the development of personality in the 
traditional causalist divorce system. Under 
this scenario, this article seeks an approach 
to this new mechanism as a bridge that 
articulates the public order norms of family 
law with individual rights. To do this, it 
proposes a comparison of the legal nature 
of the two divorce systems and establishes 
the consequences that could arise from the 
adoption of the unfounded system, through a 
critical propositional approach of a qualitative 
nature that is based on theoretical and 
documentary analysis. Thus, it is concluded 
that the norms that regulate the institution 
of marriage and divorce must reevaluate the 
principles that govern it and fundamentally 
recognize the prevalence of consent, not only  in the formation of the marriage bond but also in its dissolution. From which it follows that caused divorce violates the essential core 
of individual rights, which are obligatory 
protection by the State.