Factibilidad del proceso de divorcio notarial en el cantón Cuenca, periodo 2016-2024

Abstract

Abstract: This research analyzes notarial divorce by mutual consent in Ecuador, focusing on its implementation in Cuenca following the reforms of the COGEP (Cogular and Administrative Procedure Code) and the Notarial Law, using a mixed approach, users and lawyers were surveyed, and notaries were interviewed, which provided insight into perceptions, legal criteria, and challenges of the process; the results show that most procedures are resolved in less than three days and are valued for their speed and clarity. However, there is concern about the lack of safeguards when there are minor children, given that the validity of the agreements is not thoroughly monitored, although notaries operate with due diligence, there are divided opinions about their role in protecting the best interests of the child. It also highlights gaps in coordination between institutions and a lack of training in family matters. The conclusion is that notarial divorce is effective and agile, but requires adjustments to ensure its implementation under fair conditions. It is proposed to strengthen inter-institutional coordination and improve the supervision of agreements when minors are involved.