DIVORCE INECUADOR
Divorce is one of the ways to terminate a marriage. The most common are two: the death of one of the spouses and divorce.
Either of these two forms of marital dissolution, unfortunately, causes pain and opens a deep wound, not only in the couple, but, most seriously, in the children and in the entire family nucleus.
There are two types of divorce:
a) Contentious or contested.
b) By mutual consent.
The divorce by mutual consent can be carried out in a notary’s office or in court, depending on whether the parties have minor children, dependent children (such as persons with disabilities) or social assets.
If there are no minor children, the divorce must be carried out at the notary’s office, except in cases where there are children with disabilities or who are still economically dependent on their parents.
If there are underage children, the jurisdiction of the judge of the Family, Women and Adolescents Unit is mandatory, i.e. the divorce must take place in a court of law.
If you have any questions or if your case is special, please write to us. We have a team of experienced and proven professionals in all areas of Family Law, together with a staff of attorneys that offers a distinguished service, superior to what is commonly provided by other lawyers, notaries or people without professional training.
We have over 30 years in Ecuador performing divorces and over 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.
Contested Divorceand Mutual Agreement Divorce
The purpose of divorce, whether consensual or contested, is to dissolve the marriage bond in a definitive manner, putting an end to the marriage and therefore to the marital or community property partnership.
Divorce implies a change in people’s personal and family life.
Divorced in peace and not married at war…..!. Divorce often brings, at last, peace and tranquility and, even after the pain of separation, the situation stabilizes for the good of the former spouses and, more importantly, for the children and the family.
Mutual ConsentDivorce Without Children or Assets
Divorce dissolves the marriage bond and allows the spouses to remarry.
By mutual consent, spouses may divorce as long as both parties are in full agreement.
There are several reasons to opt for an uncontested divorce rather than a contested or contested divorce.
Consensual divorce is fast. Speed is one of the main characteristics. It avoids confrontation and confrontation which causes family trauma.
It is the parties, i.e. the spouses, who define how the relationship between them and their children will be after the divorce. It is the parents who agree on the custody of the children, the alimony, the visitation regime and the use of the sole residence -if any-, since only they know better than anyone else the family situation and know what is most convenient.
The legal professional intervenes only to translate that agreement into the legal arena and to guide the spouses through the process, helping to make the negotiation between them more flexible. In addition, he/she makes them aware that “a bad transaction is better than a good trial” and that, if they do not reach an agreement, it will be a third party (the judge) who will make the final decisions, many of which may not fully satisfy either of the parties. The other option is often traumatic, with confrontations and disputes that generate more psychological than legal fallout.
In summary, the mutual agreement procedure has, among others, the following advantages: it is much faster, it can be carried out before a notary (if there are no minor children), it reduces the suffering of the parties, it allows those involved to voluntarily agree on what they can comply with, and it generates firmer commitments, since they are not imposed by a judge. As a result, the degree of compliance is significantly higher compared to judicially imposed measures.
If you have any doubts or if your case is special, please write to us. You will have at your disposal a team of proven professionals with experience in all areas of Family Law, together with a staff of attorneys that offers a differentiated service, superior to what is commonly provided by other lawyers, notaries or people without professional training.
We have over 30 years in Ecuador performing divorces and over 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.
Cause-Based or Contested Divorce
The contentious divorce will always be ventilated in court. It will be by means of a trial, which implies a lawsuit, summons, answer, trial hearing and sentence.
Among the most common causes for divorce are: Adultery, domestic violence, against the woman or members of the family nucleus, lack of harmony between the spouses; and unjustified abandonment by either spouse for more than six uninterrupted months.
The summons in cases of contested divorces, whose spouse is residing abroad (most commonly in the United States or Spain), must be served by means of a exhorto.
It is preferable, as far as possible, to establish dialogue as a solution to conflicts, since the controversy not only affects the health of the parents, but also has a more delicate impact on the children. Studies have shown that a contentious divorce process generates greater alterations in the psychoemotional area, psychosocial stress and even affects the family circle, compared to a divorce by mutual agreement.
Ecuadorian laws are complex and constantly changing. Each situation is different, so if you need to get a divorce in Ecuador, it is essential to have proper advice on the different types of divorce.
We are here to clarify your doubts or resolve your concerns regarding divorce, child support or compensation for one of the spouses. If your case is special, please write to us. You will have at your disposal a team of proven professionals with experience in all areas of Family Law, along with a staff of attorneys that offers a differentiated service, superior to what is commonly provided by other lawyers, notaries or people without professional training.
We have over 30 years in Ecuador performing divorces and over 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.
Economic Compensationfor the Spouse in a Divorce
In any divorce, the spouse who lacks the necessities of life is entitled to one-fifth of the property of the other spouse, unless he or she is the one who caused the divorce. If he/she has assets, but not of as much value as that fifth part, he/she will only be entitled to the supplement. Among these assets, the value of his marital property in the marital partnership will be taken into account for this purpose.
If the marital relationship is dissolved for the cause of unjustified abandonment, the assets acquired by the aggrieved spouse with his or her exclusive work will not be taken into account for the liquidation of the marital partnership, since such acquisitions will be considered as personal assets of such spouse.
Ecuadorian laws are complex and constantly changing. Each situation is different, so if you need to get a divorce in Ecuador, you should get advice on the different types of divorces. We are here to clarify your doubts or answer your questions regarding divorce, child support or compensation for one of the spouses. If your case is special, we invite you to contact us. We will provide you with a team of experienced and proven professionals in all areas of Family Law, together with a staff of attorneys that offers a service that distinguishes itself from what is commonly offered by other lawyers, notaries or non-professionals.
We have over 30 years in Ecuador performing divorces and over 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.
Exclusive Jurisdictionof Ecuadorian Judges in Divorce Cases
The Civil Law in Ecuador imperatively establishes that a marriage contracted in the country may not be annulled or dissolved by divorce, but by means of a sentence pronounced by Ecuadorian judges, when one of the spouses is an EcuadorianWhen one of the spouses is an Ecuadorian citizen and there are minor children or dependent children residing in Ecuador. This is known as exclusive competence of Ecuadorian judges on the divorce of Ecuadorians married in Ecuador or Ecuadorian diplomatic seat. Only Ecuadorian judges can dissolve such marriage. This is the general rule. The exception is that a foreign judge dissolves such a marriage, but subsequently it will be required to homologate the foreign judgment in Ecuador.
The administrator of the conjugal partnership is established by decision of the spouses at the time of the celebration of the marriage and must be stated in the marriage certificate or in the marriage contracts. The person designated by common agreement will have the ordinary administration of the conjugal partnership. The administrator will be subject to the obligations determined in the law and in the marriage contracts, if any. This is one of the reforms in force since 2015.
Ecuadorian laws are complex and constantly changing. Each situation is different, so if you need to get a divorce in Ecuador, you should get advice on the different types of divorces. We are here to clarify your doubts or answer your questions regarding divorce, child support or compensation for one of the spouses. If your case is special, we invite you to contact us. We will put at your disposal a team of experienced and proven professionals in all areas of Family Law, together with a staff of attorneys that offers a service that distinguishes itself from what is commonly offered by other lawyers, notaries or non-professionals.
We have over 30 years in Ecuador performing divorces and over 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.
When There Are Childrenand Only One Home in the Divorce
The spouse who is entrusted with the care of the children under eighteen years of age, adults up to the age of twenty-one who can prove that they are studying at any educational level that prevents or hinders them from engaging in a productive activity and lack sufficient resources of their own; and, those of any age, who suffer from a disability or whose physical or mental circumstances prevent or hinder them from obtaining the means to subsist on their own, shall have the real right of use and habitation, in the event that there is only one social property destined for housing.
Between 2006 and 2016 divorces increased by 83.45%. Data from the National Institute of Statistics and Census (INEC) in the Yearbook of Vital Statistics: Marriages and Divorces reveal that in 2016 there were 25,468 divorces compared to 13,981 in 2006. The number of marriages fell 22.01% (74,036 in 2006 and 57,738 in 2016).
If you have any questions or if your case is special please write to us, and you will have at your disposal a team of proven professionals with experience in all areas of Family Law, along with a staff of attorneys that offers a service that is distinguished from what is commonly offered by other lawyers, notaries or non-professionals.
We have over 30 years in Ecuador performing divorces and over 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.
Recognition ofDivorce Judgments
The homologation in Ecuador is the recognition of a foreign judgment. It consists of the validation in Ecuador of a judgment issued outside the country, that is, the nationalization of a foreign judgment. For example, a sentence issued by judges from the United States, Spain, Italy, etc., which must be recognized and executed by the Ecuadorian State, must be previously HOMOLOGATED or, in other words, recognized by the Judicial Function. Only in this way, this sentence will have extraterritorial effect.
It is not admissible in International Law for a foreign judgment to produce its legal effects directly in another country; therefore, it is necessary to comply with the homologation process.
The first step is to legalize the foreign judgment through the apostille, so that it has full legal effects in Ecuador. This is the initial procedure that must be followed not only with court judgments, but with all public or private documents that are intended to be enforced extraterritorially in another state, nation or country. In addition, documents issued in foreign territory must be authenticated in accordance with the Hague Apostille Convention.
These issues are of great importance today, given the enormous migration of Ecuadorians abroad, with significant communities in Spain, Italy and the United States. As part of their coexistence in foreign countries, they marry, divorce, have children and even die.
The most common cases are divorces carried out in foreign countries such as the United States and others. In these cases, those who intend to enforce such divorce in Ecuador must necessarily validate it, that is to say, homologate it. The homologation proceeds as long as all the requirements of legality are met and it does not oppose Ecuadorian public law.
Ecuador has the power to recognize or not a divorce or remarriage a divorce or remarriage of persons divorced abroad, in accordance with the Sánchez de Bustamante Code of Private International Law.
Finally, the evidentiary effects of a judgment will not be valid in the Ecuadorian legal system if it is not previously homologated.
Several international conventions, treaties and the Code of Private International Law apply to the homologation of foreign judgments in Ecuador. It is essential that a highly trained and experienced professional sponsor the homologation of a foreign judgment in the country.
In short, the homologation must comply with the supranational, constitutional and legal requirements in order to be validated in Ecuador or any other country.
If you have any doubts or your case is special, we invite you to contact us. We will put at your disposal a team of proven professionals with experience in all areas of Family Law, together with a staff of attorneys that offers a service that distinguishes itself from what is commonly offered by other lawyers, notaries or non-professionals.
We have over 30 years in Ecuador performing divorces and over 25 years in the tri-state area of New York, New Jersey and Connecticut, serving the Ecuadorian and Latino community in general.