Abstract

ALBUJA-GARZON, Danny Sebastián; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando. Best interests and legal certainty in notarial divorce. Noesis [online]. 2025, vol.7, n.esp1, pp.1046-1064.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.465.

This article analyzes the notarial treatment of divorce and the termination of common-law unions in Ecuador, examining its consistency with the principles of the best interests of the child and legal certainty. The research, which is bibliographic and applied in nature, focuses on the framework established by the Reform Law to the General Organic Code of Procedures (2019) and Article 18 of the Notarial Law. The study highlights that, when there are minor or dependent children, it is mandatory to first resolve matters of custody, child support, and visitation rights through a court ruling or mediation agreement. Through a critical analysis of doctrine, legislation, and notarial acts, the research evaluates how this notarial procedure guarantees the protection of minors' rights while ensuring legal certainty in the dissolution of these family unions.

Keywords : Notarial divorce; termination of common-law marriage; best interests; right to legal certainty..

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