Notary as a promoter of non-adversarial solutions in matter of divorce: his role as conciliator in notarial activity

Abstract

In this essay, a regulatory reform is proposed to expand the attributions of the notary as a promoter of non-adversarial solutions in matters of divorce, every time there is a specific problem related to the notarial activity, in terms of the limitation of the attributions of the notary to resolve divorces by mutual consent and cases of termination of de facto unions, when there are dependent children. Currently, notaries covered by the voluntary jurisdiction can process the divorce by mutual consent and the termination of the de facto union. However, in the case of dependent children, a mediation act is previously required or, instead, a judicial resolution regarding custody, visits and food that may well be resolved at a notary office if the notaries have the power to reconcile. It is concluded that a regulatory reform is necessary so that the notary has the power to act as conciliator, only in the cases mentioned, in order to provide a global solution to divorce without the need to go to court or to a mediation center.