Abstract

BAUTISTA-ROBALINO, Lady Pamela; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. The violation of procedural economy in notarial divorce by mutual consent in Ecuador. Noesis [online]. 2025, vol.7, n.esp1, pp.1171-1187.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.483.

This study aims to critically analyze the violation of the principle of procedural economy in notarial divorce by mutual consent in Ecuador, by requiring a mediation agreement on custody, visitation, and child support, with the purpose of highlighting the delay in this voluntary jurisdiction procedure. Using a qualitative methodology that employs theoretical (analytical-synthetic, dialectical) and empirical (documentary analysis, interviews with specialists) methods, it is identified that this requirement generates unnecessary delays in a voluntary jurisdiction procedure. The research shows that these agreements could be made directly before a notary, simplifying the process. The ultimate goal is to substantiate a proposal to modify this requirement before the National Federation of Notaries, promoting the streamlining of the notarial divorce procedure.

Keywords : Procedural economy; divorce; termination of common-law marriage; voluntary jurisdiction; non-contentious proceedings..

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