El divorcio notarial y la limitación del notario para solucionar la tenencia, alimentación y visitas de hijos dependientes.

Abstract

When talking about the dissolution of a marriage bond in Ecuador we find shortcomings and limitations in the legal field that incur in the delay of the processes for which justice must be as brief as possible, for this reason it was authorized that notaries are able to enter into this type of contract and thus relieve some of the congestion in the courts so that they in turn can carry out trials of other kinds. In this project, notarial divorce and notarial intervention are treated in such a way that certain types of restrictions arise in current legislation, which are mainly related to the presence of minor children within and the acquisition of assets of the conjugal partnership, this This situation must be taken into account, since it can be handled by the parents, who first have to go to a mediation hearing where, among other aspects, the guardianship and visitation regime for minors will be discussed, as well as the pension that, if Mutual agreement will be established between the parents and the dissolution of the conjugal partnership for the respective equitable distribution of assets, the aforementioned aspects will limit and reduce the efficiency in the divorce process, with the sole purpose of minimizing the procedural burden of legal persons. and allow users to have a better experience, by realizing comprehensive theoretical data collection methods based on m methods in ductive and analytical; In addition to comparative law, Colombian, Bolivian and Spanish regulations are also referenced. Promotion of rights and the intervention of the notary as an intermediary in the resolution of custody rights, maintenance and visitation of children or relatives, with characteristics similar to ordinary mediation, the notary is an important body that exercises its functions and has a patrimony of knowledge Capable of advising the parties to reach a satisfactory agreement within the legal framework, maintaining this base during urgent and necessary reforms of the Notarial Law.