Foreigners who were married abroad may legally divorce in Ecuador, provided that one of the spouses holds temporary or permanent residency in the country. However, before starting the divorce process, the marriage must be officially registered with the Ecuadorian Civil Registry. This registration is a separate legal step and is mandatory in order to proceed with any divorce in Ecuador. Once registered, the divorce can be completed even if one spouse lives outside the country.
There are three main ways to obtain a divorce in Ecuador:
1. Notarial Divorce (Recommended): This is the fastest and most affordable option. If both spouses agree, the divorce is completed before a Notary in approximately 40 minutes and later registered with the Civil Registry.
2. Judicial Divorce by Mutual Agreement: Filed before a judge when both spouses consent. This process takes around 6 to 8 months and requires a court hearing.
3. Judicial Divorce Without Agreement: Initiated when one spouse does not consent or cannot be located. Legal grounds must be proven, such as prolonged separation or lack of marital harmony.
Basic requirements include an
– Ecuadorian marriage certificate
– Identification documents (cédula or passport)
– Birth certificates of any children, if applicable.
Regardless of the divorce method, child support, custody, and visitation must be agreed upon or determined by a judge. Mediation can make this process faster and more cost-effective.
Final Step:
Every divorce must be registered with the Civil Registry to be legally valid. The registered divorce certificate can be used worldwide for legal, financial, immigration, and property matters. Afterward, remember to update your cédula and divide any marital assets in Ecuador.
If you need assistance, please do not hesitate to contact us. We are here to guide you through every step of the process and make it as simple as possible for you.
Attorney-Sabrina Candela, Email: candelacerras@gmail.com – Phone number: 093 906 2758
City: Cuenca
