La aplicación del principio de gratuidad para el divorcio de mutuo consentimiento ante la inexistencia de hijos dependientes.

Abstract

This research addresses the issue of mutual consent divorce in cases without dependent children. An investigation of a current problem is conducted. There are two alternatives to divorce: firstly, it can be done through the court within the judicial system, or secondly, through a Public Notary's Office, considering that, in the last option, the constitutional principle of free justice is violated. This paper examines that, within the competence of Public Notaries to perform mutual consent divorce; the consequence is the economic impact for those who opt for this option. Surveys conducted reveal a disproportionality in notary fees. According to the analysis of the Mexican legislation, it can be observed that there is a new form of divorce, formerly known as administrative divorce but now referred to as bilateral divorce. Therefore, a more viable solution is proposed in this work, i.e., to grant competencies to other administrative entities, such as the Civil Registry, as also indicated by the Constitutional Court in sentence 7-16-NI/21. To implement this change, the Regulation of the Organic Law for Civil Identity and Civil Data Management should be amended.