Abstract

ALCIVAR-BARRIONUEVO, Pedro Lenin; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Legal effects of late registration of a notarial divorce. Noesis [online]. 2025, vol.7, n.esp1, pp.1065-1081.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.466.

This study proposes reforming paragraph 22 of Article 18 of the Ecuadorian Notarial Law to ensure that failure to register a notarial divorce decree in a timely manner does not affect its legal effects. The research analyzes the regulatory gaps that generate legal uncertainty in family and private notarial management and in the untimely registration of divorces by mutual consent. Through a comparative analysis with Mexican legislation-which does protect the rights of spouses regardless of registration-and through surveys in the canton of Santo Domingo, the need for a legal framework that prioritizes legal certainty is evident. The proposal seeks to ensure that the dissolution of the marriage alters the marital status of the spouses from the moment of signing before a notary, and not from the moment of registration, thus optimizing administrative processes and guaranteeing fundamental rights.

Keywords : Notarial law reform; notarial divorce; late registration; legal effects of divorce; legal certainty; notarial management..

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