El divorcio por mutuo consentimiento en sede notarial.

Abstract

In Ecuador as of 2006, Notaries have the power to process divorces by mutual consent, exclusively for couples who do not have minor children or under their dependence; and, since June 26, 2019, they have also been authorized to carry out divorce and termination of de facto union proceedings by mutual consent to those who have underage or dependent children provided that the issues of food, possession, Visits are resolved with a mediation or judicial resolution issued by a competent judge. This research is divided into three chapters, in its first chapter we find a historical review of marriage and divorce, its evolution, generalities and definitions. In its second chapter the legal framework concerning the regulations applied in divorce by mutual consent before a notary public; and, in its third and final chapter, an analysis of the attributions granted to notaries in the subject of divorce, the principle of speed in divorces that are resolved in front of a Notary, its compliance during the process until its resolution; constitutional requirements and Family Law, and the violation of the best interests of the child and the principle of gratuitousness.