Expat Law Group

FAQ / Family Law

Frequently asked family questions.

Answered by Sabrina Candela, ELG family lead. Cases vary; nothing here is legal advice for your specific situation.

01

Why do I need to register my foreign marriage in Ecuador if my cédula already says 'married'?

Even if your cédula says you're married, your marriage might not actually be registered in Ecuador. Those records belong to the Ministry of Foreign Affairs, not the Civil Registry. Without registration you cannot draft marital agreements, execute wills that reference your spouse, or divorce in Ecuador.

02

How much does registering a foreign marriage cost?

Government fee $53 at the Registro Civil, plus Sabrina's professional fee of $400 plus IVA (15%). All-in approximately $513.

03

Is a registered unión de hecho treated the same as marriage for immigration and inheritance?

A registered unión de hecho falls under the same immigration category as marriage. Same visa category. Same rights. Same access to the 2-year fast-track naturalization. Same treatment as a marriage to an Ecuadorian citizen. Sabrina handles the registration at $260 plus IVA.

04

Can I get divorced in Ecuador even though I got married abroad?

Yes, provided your foreign marriage is first registered with the Ecuadorian Civil Registry and at least one spouse holds an Ecuadorian cédula. Your spouse does not need to be in the country or cooperate.

05

What are the three types of divorce in Ecuador?

There are three routes. (1) Notarial divorce, both spouses agree, takes about 40 minutes at the notary, can be done through Power of Attorney. (2) Judicial divorce by mutual agreement, one hearing, typically 6 to 8 months. (3) Judicial unilateral (contested) divorce, used when the spouse refuses, is abroad, or is uncontactable; requires proof of a valid cause and typically takes 10 to 12 months.

06

How much does a divorce cost with Sabrina?

Uncontested divorce $400 plus IVA. Contested divorce $800 plus IVA. Court and notary fees are not included. Judicial marital-property dissolution is charged at 10% of the estate.

07

Can I divorce even if my spouse won't cooperate?

Yes, via unilateral (contested) judicial divorce. You must present evidence of a valid cause: lack of harmony, six or more months of separation, abandonment, or psychological or physical violence.

08

What happens to custody, visitation, and child support in a divorce with minor children?

Ecuadorian law requires a signed parenting agreement covering custody, visitation, and child support (pensión de alimentos) at or above the minimum tables before a notarial or mutual-consent divorce can proceed. Without agreement, the case shifts to judicial process.

09

Will my Ecuadorian divorce be recognized back home?

Yes. Once finalized, the Ecuadorian divorce decree can be apostilled and translated for filing in your home country.

10

How much does a custody or support proceeding cost?

$650 plus IVA for custody or support proceedings. Marital-property agreement (capitulaciones) $500 plus IVA. Mediation is 5 to 10% of the amount at stake.

Answers by Sabrina Candela. Cases vary; nothing here is legal advice for your specific situation. Send your situation to talk through your case.

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