It is possible to carry out a divorce before a public notary, as long as the following requirements are met:
1. That there is consent and mutual agreement between the spouses on the dissolution of the marriage. In other words, there are no opposing interests in conflict;
2. That there are no children product of both spouses. In case there are children involved, they must be older than 25 years old;
3. That there are no common or collective property subject to registration. In other words, that goods have not been registered in the public records during the term of the marriage;
4. That there is no claim of family assistance by either spouse; And
5. That both spouses sign a Divorce Settlement Agreement and the same is recognized and verified by Public Notary.
6. That both spouses have not started a divorce process by judicial means, so they must submit a statement that they have no legal process that is the subject of the proceeding or proof of the separation.
1. The request for divorce is made before a Public Notary presenting adequate documentation to verify compliance with legal requirements. For this, our lawyers will obtain the corresponding certifications from the authorized institutions, among them: Civil Registration Offices, SERECI, Royal Rights and other public offices pertinent to the case.
2. Once verified the fulfillment of the requirements, the Public Notary will receive and elaborate the act of initiation of proceedings.
3. In a period of not less than 3 months, the spouses must present themselves again to the Public Notary, to ratify the decision of the divorce through the Notary.
4. Subsequently, the Public Notary will file and issue the testimony of the public deed of the Divorce through the notary, a document that will be delivered to both concerned parties. He will also issue the respective communication for the subscription of said public deed in the Civic Register service and in this way proceed to the cancellation of the Marriage Registration.
5. If after six months of the filing of the application for divorce through notary both spouses do not present themselves again to ratify their decision to divorce, the process will expire and will be filed.
Minimally 3 months and maximum 6 months in case both spouses do not present themselves again to the Public Notary to ratify their decision to divorce.