Getting divorced in Ecuador can be a complex process, especially for expatriates who may not be familiar with the country’s laws and procedures. This article provides an overview of this process in Ecuador, including the grounds for divorce, residency requirements and how to apply for one. We will also touch on issues related to property division and child custody.
If you are an expatriate living in Ecuador and are considering divorce, it is important to understand that the laws and procedures that apply in Ecuador may be quite different from those in North America.
Overview of Ecuador’s Divorce Laws:
Ecuador is a civil law country, and its divorce laws are governed by the Civil Code. In order to file for divorce in Ecuador, at least one of the spouses (male or female) must be a resident of the country. It is important to note that Ecuador does not recognize “no-fault” divorce, which means that one spouse cannot file for divorce simply because he or she wants to end the marriage for convenience. Instead, they must provide evidence that the marriage has broken down for one of the following reasons:
Lack of harmony in the home: if the spouses can no longer live together due to fundamental differences in values, beliefs or lifestyles, they can file for divorce on the grounds of irreconcilable differences.
Domestic abuse/violence: if one spouse has physically, emotionally or sexually abused the other spouse or their children, the victim may file a claim for abuse.
Abandonment: If one spouse has abandoned the other spouse and their children, either physically or emotionally, the abandoned spouse may file a claim for abandonment.
Attempted Murder: An attempt by one spouse on the life of the other spouse.
Corruption of Minors: Acts performed by one spouse for the purpose of involving the other spouse’s children in illicit activities.
Prison: If the spouse has been in prison for 10 years or more.
Drug Addiction: When one of the spouses is an alcoholic or drug addict.
1. File the petition in a notary’s office if it is a divorce by mutual consent or in a court of law when it is a divorce for cause.
Mediation or mutual agreement:
If both spouses agree to the divorce and there are no disputes over property or child custody, the separation process can be relatively straightforward. In these cases, the couple may be required to attend a mediation session to try to reach an agreement on terms. The mediator will help the couple communicate and negotiate the terms, and work to find a mutually satisfactory resolution. If the couple is able to reach an agreement, they can move to the next step in the process.
3. File the Agreement with the Civil Registry
If the couple is successful in reaching an agreement through mediation, they must file the divorce agreement with the civil registry. The divorce agreement should outline the terms, including the division of assets and any child custody or support arrangements.
4. Court Hearing
If the couple cannot reach an agreement through mediation or if one spouse does not agree to the divorce, the process will proceed through the court system. In these cases, the couple will need to go to a hearing before a judge, who will decide the terms of the divorce. The judge will consider the evidence presented by both parties and make a decision based on the best interests of the couple and the children involved.
Property Division:
The court will divide the couple’s property according to principles of fairness and equity.
Determining child custody:
Custody and child support are determined based on the best interests of the child. In making these determinations, the court will consider a number of factors, including the child’s age, relationship with each parent, and physical and emotional needs.
It is important for expatriates going through a divorce in Ecuador to understand their rights and obligations with respect to child custody and support, and to seek the advice of a legal professional if they have any questions or concerns.
If you are an expatriate living in Ecuador and are considering divorce, it is advisable to seek the advice of a legal professional who can guide you through the process and help you understand your rights and obligations under Ecuadorian law.
Contact us today for a consultation with our family law specialists.
Atty Rafael Arizaga
Mat: 01-2021-92
F.A.A
Cuenca Ecuador
096 703 2414
Jaime Rafael Arizaga: rarizaga.juridik@gmail.com .
City: Cuenca
