Abstract

HERRERA-CHACON, Mercy Johanna; CHACON-GOMEZ, Nayibe Eloína  and  ALFONSO-GONZALEZ, Iruma. Out-of-court settlement for divorce proceedings by mutual consent with dependent children. Noesis [online]. 2025, vol.7, n.esp2, pp.138-150.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.511.

This study was conducted in the field of Ecuadorian family law, considering the regulatory evolution of mutual consent divorces with dependent children and the need for more agile mechanisms. The objective was to analyze the impact of out-of-court settlements in such proceedings, evaluating their effectiveness in terms of time, cost, satisfaction of the parties, and protection of the best interests of the children. A qualitative approach was applied, based on documentary analysis of regulations, case law, and doctrine, supplemented by interviews with notaries and lawyers. The results showed that out-of-court settlements reduced time and costs compared to court proceedings, although limitations persisted due to the lack of uniformity in judicial criteria and the need for supervision in matters related to children. It was concluded that this mechanism has high potential for efficiency, provided that regulations and institutional control are strengthened.

Keywords : Family law; family dissolution; children's rights; legal certainty..

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