Análisis jurídico de los requisitos no esenciales en el divorcio notarial y su incidencia en los principios notariales.

Abstract

Divorce by mutual consent before a notary has established itself as an efficient alternative for dissolving marriage without resorting to legal proceedings, in accordance with the provisions of the Notarial Law. However, in practice, various notaries across the country require clarification of their relevance and legal basis, as they could impact the effectiveness of the process and compliance with the principles governing notarial practice. The purpose of this research is to conduct a legal analysis of the requirements for divorce by mutual consent before a notary, in order to identify their correspondence with the current legal framework and determine whether they affect principles such as speed, procedural economy, legal certainty, or equal access. To this end, a qualitative methodology was applied, with a documentary review of regulations and doctrine, as well as surveys conducted among notaries in different provinces, to identify variations in the application of these requirements. The results show that some of the requirements are not uniform in their application and may entail delays or additional burdens for users. A regulatory review could contribute to streamlining the process, ensuring that a balance between speed, legality, and protection of rights is maintained. This research seeks to provide technical and legal input to strengthen the notarial function in line with current societal needs and technological developments. Keywords: