First Boutique Legal study in Ecuador (family Law)
Thanks to our specialized staff, Consult Loi Law Study can provide high quality services in all areas of Family Law providing our clients with a personalized legal counsel within a fully confidential setting and without disregarding any aspects of their conflict, which is attended, if necessary, by our specially-conformed strategic allies, based on the client’s specific requirements and needs.
Advisory and defense for divorce
Marriage can be terminated by divorce in the following situations:
• By mutual consent:
Both partners agree to the divorce with or without children under age,
but previously, they need a mediation act for visitation rights, child
support and living arrangements. They don’t need an “Ad-Litem curator”
to represent their child.
• With children under age:
Through a short trial where visitation rights, child support and living
arrangements are addressed if the parts have not come to an
understanding in one of those topics. In the case of a divorce by
mutual consent, an Ad-Litem curator shall be appointed to represent
the children during the process.
• Default divorce:
When one of the parts doesn’t want the divorce. The grounds for this
type of divorce are clearly enumerated and specified by article 110 of
the Civil Code. The third ground for divorce (a recurrent lack of
harmony between both parties during their marriage) and the ninth (a
prolonged and unjustified abandonment for more than six months) are
the most common causes cited in article 110.
Defense and Sponsorship for Custody (Possession) Procedures
In Ecuador, custody is called possession. As mandated by Article 106 of the Childhood and Adolescence code, when no agreement is reached, it is understood that the mother has the right to custody, unless she has incurred in any of the exceptions thus stated by said Code. There is no shared custody if an agreement cannot be reached.
Sponsorship and Defense for Authorization of Children and Adolescent Permission to Leave the Country
When a minor will travel with only one parent or with none at all:
• Voluntary Authorization to leave the country:
The parent that is not travelling with the minor, willingly authorizes the minor’s permission to travel. The paperwork shall be filled before a Notary where all information pertaining to the travel plans, length of stay of the child shall be entered.
• Authorization to leave the country when contested:
When the parent that needs to authorize objects to the permission, a trial is initiated before a Judge presiding over the Judicial Family, Women, Childhood and Adolescence Units.
Sponsorship and Defense for the Dissolution
and Asset Liquidation of Conjugal Property
In Ecuador a marriage becomes a conjugal community and it includes all assets. This community includes all assets, earnings, liabilities and debt as stated in the Civil Code.
To terminate the conjugal community, the first step is:
• Dissolving the conjugal community:
This procedure can be either done by notary or judicially. By notary both parties agree to dissolve the marriage; at the Notary the information pertaining the marriage is consigned. Judicially, the case is presented before a Judge if there is any opposition. • Only after the dissolution is completed can the parties divide the assets. If both parties agree to the division of assets, this is done with a Notary and if willingly it is named a Dissolution of the Conjugal Community; if it is done judicially it is an inventory and share distribution.
Succession upon to death
When a person dies, her/his succession starts and it is necessary to look after the patrimony that he or she has left.
We offer you services for the preparation of effective possession, wills and, if necessary, sponsorship and defense in litigation of inventories and partition of inheritances that will be carried out before Family Judges.