El matrimonio, el divorcio notarial y sugerencia de reforma al artículo 18 numeral 22 de la Ley Notarial.

Abstract

Marriage is perhaps the most important of the legal institutions of Private Law, and it has legally regulated all the rights, relationships and regimes that emanate from it, as well as the rules for its termination. Divorce is the form of termination of marriage with its living members, and it is Consensual Divorce that concerns us, where the marriage dies by the will of both parties; the spouses, in the same agreement, can go to the Notary, a notary public by virtue of state power, by which and given the nature of their function, they can execute acts of voluntary jurisdiction. However, in all situations that concern custody, visits and maintenance of dependent children, the law determines that they cannot be agreed before a Notary Public, even if they do not mean contention. It is illogical to abstract the spouses even and the Notary Public, from being able to solve these three matters even though they do not contain a conflict either, but are included in the total agreement that said spouses have reached. Isn't it perhaps restricting the autonomy of the freedom of the parties? Logically, any agreement must be framed within the law, and it will be necessary to ensure that this agreement does not undermine the interests of those minor and dependent children, for this I propose the participation of the Public Defender, in an approval prior to said agreement, such and as it happens in other legislations like those of Cuba, Colombia and Portugal.