El divorcio por mutuo consentimiento ante notario publico, cuando existen hijos menores de edad o bajo dependencia.

Abstract

In this research work an analysis was made to the constitutional precepts and Family Law, so that the Public Notary can be empowered to celebrate the divorce when there is mutual consent of the spouses and they have children under age or under their dependence , always in the request made by the interested parties is fully clarified the agreement reached by the husband and wife, regarding: one) The possession of the children conceived in the marriage, considering the age and sex; two) The economic value that the father or mother who does not have the tenancy must pay for food, provided that it is equal to or greater than that determined in the table of alimony pensions, which will be deposited in advance, the first five days of the month; and, three) Establish the visiting regime of the father or mother who does not have the possession to share time with their children. The notary will be in charge of verifying the obligatory fulfillment of the requirements established to avoid violating the constitutional principle of the best interest of the girl and adolescent and the right of freedom to decide the marital status of the parents and guarantee the right to legal security.