Divorce by Mutual Agreement or Consent in Ecuador (2026)

## FROM MARRIAGE TO DIVORCE

It is true that today our legislation offers several alternatives for people who intend to terminate the marital bond to do so quickly by mutual agreement and in some cases through contentious proceedings.

Our current legislation, with the enactment of the General Organic Code of Processes, also contemplates new ways for the divorce procedure.

However, let us start with the main point. Our Civil Code, in its article 81, states that Marriage is a solemn contract by which a man and a woman unite for the purpose of living together, procreating, and helping each other. This means that being a contract, there is will of the parties, since as a basic principle of contract law, for this contract to be valid, it must fulfill several elements: will, conscience, knowledge, and acceptance or consent.

With this premise, at the time of getting married, also when one of the parties decides, or if the parties decide, the bond can be terminated, and this is where we get into the matter, since our legislation has timely reduced the process time for a mutual agreement divorce, and also partly for a contentious divorce.

## DIVORCE BY MUTUAL AGREEMENT

Divorce by Mutual Agreement or Mutual Consent is contemplated in the Civil Code, in its article 107. The General Organic Code of Processes in its article 340 also determines the procedure to be followed in this type of trial, which will be conducted according to the following points:

### Requirements and Documentation

To initiate a mutual agreement divorce, you must submit the following documentation:

* Unique divorce petition form duly signed by both spouses.
* Updated marriage certificate (not a simple copy, issued by the Civil Registry).
* Copies of identity cards and voting certificates of both spouses.
* Birth certificates of children (if applicable).
* If there are minor children, a mediation agreement resolving issues of custody, visitation, and child support must be submitted, or a judicial resolution to that effect.
* If the agreement includes the liquidation of assets, the respective property documents are required.

### Voluntary Judicial Procedure (When applicable)

This procedure is followed when the spouses have minor children or when, despite not having children, they prefer the judicial route.

1. Filing the petition: The divorce petition is filed before the civil judge of the domicile of either spouse. The petition must contain the will to divorce and the liquidation of the conjugal partnership, if any.
2. Hearing: After an unextendable period of two months from the filing of the petition, the judge will summon the spouses to a hearing. At this hearing, they will ratify their decision to divorce and agree on the situation of the children and the liquidation of assets.
3. Judgment: If the agreement meets the legal requirements, the judge will issue a judgment declaring the marital bond dissolved. The judgment must be registered with the Civil Registry.

Note: The two-month period is a reflection period established by law. If the procedures are not completed within this period, the petition expires, and a new process must be initiated.

### Notarial Procedure (Exclusive route for cases without minor children)

In Ecuador, notaries are empowered to process mutual consent divorces exclusively when there are no minor children or children under the care of the spouses. In these cases, the process is much faster:

1. Agreement of Wills: Both spouses, mutually and without any pressure, express their will to divorce.
2. Petition to the Notary: They go to a notary of their choice and submit the required documentation.
3. Ratification: The notary sets a date and time for a hearing, at which the spouses ratify their will to divorce. Afterwards, a notarial deed is issued that terminates the marriage.

Costs of Notarial Divorce (2026): The cost of the service is regulated by the Judicial Council and amounts to 39% of the Unified Basic Salary (UBS) plus VAT. For 2026, with a UBS of $470, the base cost is approximately $183.30 + VAT. The elderly receive a 50% discount on the cost of the procedure.

## LEGAL RECOMMENDATIONS

* Notarial Divorce: It is the fastest and most economical route. It applies only to couples without minor or dependent children and without disputes over assets.
* Voluntary Judicial Divorce: It is the appropriate route when there are minor children, or when, despite not having any, a process with greater judicial supervision is preferred.
* Do you need a Lawyer? Although the notarial process has been simplified and in some cases is no longer mandatory, it is strongly recommended to seek legal advice. A lawyer specialized in family law will guide you on the best strategy, correctly draft the agreements, and avoid future problems.

## ECUADORIAN LEGAL FRAMEWORK

* Civil Code: Arts. 106-115 on divorce.
* General Organic Code of Processes (COGEP): Procedure for divorces.
* Notarial Law: Art. 18, powers of notaries to process divorces.