Divorce by mutual consent without minor children before the Civil Registry Office

Abstract

This article analyzed the divorce by mutual consent procedure without minor children processed before the General Directorate of the Civil Registry, Identification, and Issuance of Identity Cards in Ecuador, with the purpose of evaluating the feasibility of its consolidation and strengthening as an administrative mechanism that guarantees speed, legal certainty, procedural economy, and institutional efficiency. The research sought to answer the following question: How can the General Directorate of the Civil Registry consolidate the consensual divorce procedure without minor children within the Ecuadorian legal system? The study was developed using a qualitative, documentary, and explanatory approach, employing theoretical methods such as analysis-synthesis, inductive-deductive reasoning, and historical-logical analysis, which allowed for a rigorous examination of the regulations, legal doctrine, and precedents. Furthermore, legal systematization was applied to formulate reform proposals for the Organic Law on Identity Management and Civil Data and its Regulations, aimed at granting the Civil Registry full authority in these processes. Interviews and document analysis were used as research techniques. The findings revealed regulatory gaps, limitations in jurisdiction, and a lack of clear procedures, which affected the effectiveness of the administrative process for uncontested divorce. Finally, it was concluded that consolidating this procedure was legally viable and necessary, provided that regulatory reforms were implemented to strengthen the Civil Registry's authority, guarantee the rights of the parties, and contribute to a more agile, accessible, and efficient administration of justice.