Abstract

VILLALVA-MARTINEZ, Franklin Xavier; ALFONSO-GONZALEZ, Iruma  and  CASTRO-SANCHEZ, Fernando de Jesús. Legal effects of the notarial act in marital dissolution in the presence of minors. Noesis [online]. 2025, vol.7, n.esp2, pp.396-413.  Epub Dec 31, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i2.595.

The study stems from the need to analyze the legal mechanisms that guarantee more agile and effective processes in family matters, especially in cases of divorce and termination of common-law marriage by mutual consent. The objective of the research was to evaluate the legal effects provided for in Ecuadorian regulations regarding these procedures in notarial courts, when there are minor or dependent children. The research was conducted from a qualitative approach, using theoretical and empirical methods. The results show that the notary, in addition to their traditional role, can act as a mediator throughout the procedure, which includes the preparation of documents related to custody, visitation rights, and child support. This intervention demonstrates its practical usefulness in ensuring procedural speed and legal certainty, contributing to a more efficient justice system that is closer to society.

Keywords : Divorce; notarial law; mutual consent; procedural speed; minor children..

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