Implementación del divorcio por mutuo consentimiento con hijos en las notarías.

Abstract

In Ecuador, divorce by mutual consent is recognized as a voluntary procedure within family law, regulated by Article 334 of the General Organic Code of Procedures (COGEP). Although this non-contentious process can be resolved judicially, when minor children are involved, it takes on a special dimension, as the best interests of the child must be guaranteed, including the establishment of child support. This obligation, shared by both parents, must cover basic needs such as food, healthcare, education, and housing. However, the current legal framework limits notarial intervention in such cases. Notaries are not authorized to process divorces involving minor children or to establish child support agreements, even when both parties have reached a mutual agreement in accordance with the minimum standards set by the Judiciary Council. This restriction forces couples to go to the Family and Juvenile Courts, increasing the judicial workload and affecting the constitutional principle of procedural promptness. This research highlights the need for a reform to the Notarial Law that would allow notaries to act in such cases, under conditions that ensure the protection of the child and legal certainty. Such reform would strengthen access to justice, reduce judicial congestion, and allow family conflicts to be resolved more efficiently and confidentially.