Reformar la ley notarial para que los notarios puedan tramitar divorcios por mutuo acuerdo con existencia de hijos menores de edad o bajo dependencia.

Abstract

In Ecuador, some time ago divorces by mutual agreement, were procedures that were processed before the judge as the only competent authority for that. This brought with it a process that lasted a long time and in some cases even years, despite the agreement of the parties, this procedure was carried out by means of a lawsuit and it was another judicial process. With the reform of the Notarial Law of November 28, 2006, Notaries are authorized to process divorces by mutual agreement, but only in the cases in which there are no minor children or under their dependence and even the law required the sponsorship of a lawyer to perform this procedure in the notaries. With the foregoing, the amendment to the Notarial Law is proposed to grant this power to notaries although there are minor children. For this purpose, a non-experimental category quantitative research of descriptive design was carried out, which is based on the study and analysis of national legal regulations and comparative law with international legislation. It is possible to determine the feasibility of the proposal because one of the attributions of the National Assembly is to issue, codify, reform and repeal laws, and interpret them with a generally mandatory character and thus through the Notaries Association can send a Law Project to expand the functions of the notaries which would help the whole judicial system.