Análisis de la implementación del divorcio notarial en la ciudad de Guayaquil.

Abstract

Through a divorce, a conjugal relationship is terminated, being an attribution that notaries have in Ecuadorian territory since 2006 through Notarial Law, applying reforms to favor the efficiency of the process and decongest the judicial function. On the field of study, this responds to the implementation of the notarial divorce in Ecuador, these officials having the attribution since 2006, its purpose being to speed up the processes of termination of marriage in cases of mutual consent without the existence of children or dependents of through. Its objective is to describe the process and evaluate how the cases have evolved to propose possible improvements to the processes. In response to this, the review of the regulatory framework is carried out, in addition to the consultation of notaries and users who required or requested the termination of the conjugal relationship by this means. As part of the findings it is indicated that the reforms that allow to process notarial divorces in the country are evaluated as efficient; nevertheless, they recommend the intervention of the notary in the solution of the aspects related to the possession, feeding and visits that currently must be managed by judicial resolution before the competent judge or mediation act. In order to contribute to the efficiency of the process and greater user satisfaction, a reform of the Notarial Law was presented, giving this public official of said attribution.