Abstract

LUCERO-CAIMINAGUA, Freddy Alcides; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Divorce by mutual consent and termination of a common-law marriage at the notary's office. Noesis [online]. 2025, vol.7, n.esp1, pp.1501-1518.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.506.

The main objective of this study is to determine the rights violated as a result of divorce by mutual consent and the determination of common-law marriage in a notary's office. The research begins with the definition of marriage, common-law marriage, and their forms of dissolution, distinguishing between voluntary divorce and contested divorce. Similarly, the limitations of notarial intervention are recognized, given that the notary does not replace the judge, but rather limits himself to verifying compliance with legal requirements and formalizing the agreement between the parties. The methodological design responds to a qualitative and dogmatic-legal approach, using documentary and comparative analysis with the legislation of Argentina, Colombia, and Chile. The results show that the current model for processing divorces has a negative impact on administrative efficiency, as it requires additional procedures and restricts the full exercise of the parties' autonomy.

Keywords : Divorce; mutual consent; common-law marriage; notary; public faith..

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