El divorcio por mutuo consentimiento con hijos menores de edad en Sede Notarial.

Abstract

As a background it is necessary that as of 2006, notaries have the powers to validate voluntary non-contentious divorces as long as the couple does not have dependent children; And, since 2019, the jurisdiction for these cases has been expanded as long as the legal situation of the children has been resolved through mediation or judicial resolution; limiting the notary to act as a mediator in the solution of family conflicts, and can establish alimony for minor children according to the pension table of the Council of the Judiciary; tenure and visits. The objective is to establish from the legal and doctrinal field that the notary can be a mediator in divorces by mutual consent at the notary's office, for this purpose, a qualitative and descriptive investigation is carried out on the proposed topic, in such a way that the budgets of the legal figure of Notary - Mediator and establishes the advantages and disadvantages of family mediation in notarial offices, determines the validity and effectiveness of the legal norm to solve the legal situation of minor children in cases of consensual divorce. The methodology used that was carried out is the interviews with four legal professionals, allowing them to know about the investigation that is being carried out with respect to divorces with children under eighteen. The results in the studies pernote the limited actions of the notarial process in case of divorce and with minor children, there is no real agreement that encourages the free consent of the parties, without mediation by the judiciary. As a conclusion, the notarial law should be amended in its pertinent article in which it accepts divorce by mutual consent with children, children, and adolescents, establishing alimony.