Requirements for Divorcing: Steps, Tips and MORE

8 minutos de lectura

This article discusses the Requirements to Divorce in Ecuador. Both getting married and getting divorced are very important decisions in a person’s life. For this reason, it is necessary to know in a simple and clear way about this procedure.

It is also necessary to know about the steps to follow to get divorced, cost, how is the divorce process by mutual agreement, how to apply for divorce by mutual agreement, some tips so that the procedure can be done correctly and other information. For this reason, we invite you to continue reading the article.

What are the Requirements to Divorce in Ecuador?

The divorce decree breaks the marriage bond and gives the spouses the opportunity to remarry. Divorce can be by mutual agreement and through causes. The Requirements to Divorce in Ecuador they are the following:

Requirements to Divorce by Mutual Agreement

  • State the decision to divorce.
  • File the petition for divorce.
  • Consign a maintenance agreement of minor descendants.
  • Attach the marriage certificate issued by the Civil Registry.
  • Attach the original birth certificate of the descendants.
  • Receipts from payment of property tax of the real estate acquired during the marriage.
  • The registration of the vehicle if you have it, and verify that you are the owner of it.

Steps to Follow: Requirements to Divorce in Ecuador

Among the steps to divorce by mutual agreement in Ecuador are the following:

  1. File for divorce in front of a Civil Judge of the domicile of one of the spouses.
  2. Then the judge proceeds to qualify the claim made.
  3. After 2 months, the Civil Judge will call a hearing to reconcile at the request of the spouses or their legal representatives. Where by not pronouncing otherwise, they must express face to face the irrevocable decision to dissolve the marriage bond.
  4. During the same hearing, the spouses or their representatives will agree on the economic condition in which the minor descendants must position themselves after the divorce has been carried out. This includes how the personal safety, child support and education.
  5. The descendants must have one or more representatives as the case may be, the appointment will be made by a Judge, preferably taking into account the next of kin of the descendants.
  6. If no agreement is reached on the aspects of interest, the Judge will give the probationary term of 6 days, where he will declare the sentence ending the aforementioned period.
  7. In conclusion, the divorce decree is registered in the Civil Registry.

Divorce by Mutual Agreement

Divorce by mutual agreement without descendants in Ecuador, is generated when the 2 parties agree to a separation admitting the resolution of a notary. Said resolution, gives the possibility that the interested parties have separate and independent lives.

The grounds for this type of divorce may be those mentioned below:

  • The heartbreak.
  • Infidelity.
  • Economic disagreements.
  • Addiction.
  • For family violence.

How to Request a Divorce by Mutual Agreement without Children?

This management begins with a petition to the notary public which is signed by those involved and the lawyer representing the case. The copy of the identity card, the civil marriage registry, the declaration of not having conceived descendants is attached. Likewise, the declaration of the assets obtained in groups, if any.

The notary is in charge of reviewing the documentation and confirming that the requirements demanded by the Law are being obeyed. The parties appear to acknowledge the signatures and are called for a hearing to agree on the date in accordance with the Law.

A notarial act is made as stipulated in the Article 18 in number 22 of the Notarial Law. The notary grants time to reflect, and see if the parties conform their decision to dissolve the marriage bond, there they express it orally and according to the Law the marriage is declared as dissolved.

This fact remains on the record, where the dissolution of the marriage is declared. Already being official, the certified copies of those involved are delivered to the Civil Registry, so that they are legalized and the dissolution of the marriage bond is legally official.

In the event that the spouses do not attend the hearing on the appointed day, they have the possibility of requesting another date and time for the hearing to take place. Said request should not pass the ten days after of the date of the first call. If for some reason the hearing is not held, the notary files the request.

In this type of divorce, the most important thing is the right to the property obtained. The interested parties have to clearly define the conditions to carry out the distribution of goods, according to what has been acquired during the duration of the marriage.

Register a Divorce by Mutual Agreement

To legalize the divorce it is required that after the judgment marginalization takes place. Said registration is made on one side of the marriage certificate that is in the Civil Registry where the spouses were married. This process is the last to be carried out and legally dissolves the marriage relationship.

When doing this diligence, the interested party has to consign an official letter with the divorce decree to the address of the Civil Registry. The official then sends him to the legal department for the divorce registration to be carried out. This management lasts a maximum of 48 hours business days.

Why is the Registration of Divorce by Mutual Agreement Required?

This registration is required, since if it is not done, the person may be divorced for some years, and must have a sentence issued by the Civil Judge of first instance. In the case of not bringing the judgment to the Civil Registry, will continue to be married and will not have a divorce certificateYou will also not be able to marry again until you record the sentence.

The Liquidation of Marital Assets

The moment the spouses divorce, the conjugal partnership disappears and is in a situation of liquidation. The CC (Civil Code) aims to protect the rights of the spouses, and for this it establishes some norms and processes where the equitable distribution of the assets that are had is shown.

According to Article 130 of the Civil Code, it stipulates that in the course of divorce proceedings, annulment or liquidation of the conjugal partnership or any controversy between the spouses, at the request of one of them, the Judge can decide on what is appropriate to protect the assets during the trial period.

To Take into Account: Liquidating the assets of the conjugal partnership, is a procedure that is estimated in divorces (by mutual agreement and for reasons). It is carried out after the divorce, since it can be the same and that the assets that were part of the conjugal partnership continue to be 50% and 50% of each spouse.

Tips for the Convention

Here are some tips so that the agreement that is reached regulates the effects of the marriage, these are:

  • Power on the use of the home and family furniture.
  • Cooperation to cover the common expenses of the marriage.
  • Liquidation of the matrimonial financial administration, when it is pertinent.
  • The stipend that compensates in favor of the spouse where the financial condition is disadvantaged as a result of the divorce.
  • Notarial inspection on the agreements between the spouses.
  • Assuming that the notary believes that some of the agreements entered into by the spouses may be harmful or negative for one of the parties or for the descendants (minors or adults), he can warn and close the file.

Costs to get divorced in Ecuador

The costs of a divorce in Ecuador went down. Previously, the parties had to pay a basic salary, which equals $ 376. At this time, notaries charge $ 213.77 for a divorce, plus $ 30 for recognizing the signatures of the parties. These must be confirmed in a formal way.

What is it?

Generally speaking, a divorce is the interruption of the marriage bond. Legally, it is the process through which the marriage contract is dissolved, where the interested parties must agree on the responsibilities that each has to do, and thus be able to continue with their life independently.

On the other hand, the word divorce is derived from the Latin divortium and is composed of the prefix di or dis, which means separation or incompatibility, and from the root verto which means «to turn» or to turn «. This process was legally prohibited when the Catholic Church arrived and imposed it.

However, this was modified because Henry VIII, King of England, had a situation of conflict with the church, which did not admit that his marriage with Catherine of Aragon (ex-wife of his brother, now deceased), could not be annulled. offspring.

It is in the year 1536, when Henry VIII of England ends his relationship with the Catholic Church, and he marries Anne Boleyn and that is when the Anglican Church is created.

For information on the types of divorce, you can go to this web portal, where you will easily find this data.

You already have information about the Requirements to Divorce In Ecuador, the next step is to read them carefully, consult with a specialist in case of doubts, and then proceed to collect them.

The important thing to start with this process is to be completely sure, and review the pros and cons of it. This is a momentous decision which cannot be made lightly, therefore it is essential to take the time necessary to avoid making mistakes that could harm the parties involved.

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