Just like in many other counties, the legal presumption here is that marital property should be equally divide between the parties upon dissolution of the marriage. However, you can have prenuptial agreements and even a form of post nuptial agreements in Ecuador. The Ecuadorean Civil Code, Art. 150 identifies these agreement as “Capitulaciones Matrimoniales”. This can be legally done before the marriage in front of a Notary or at the time of marriage by having it recorded in the Marriage Certificate.
However, if you were not married in Ecuador but you and your spouse have agreed on how to divide the property upon separation and divorce this can be easily accomplished here as well. The first step is to have your marriage registered in Ecuador and then you request a Disolucion de la Sociedad Conyugal or Dissolution of Marital Partnership. This is an easy and quick process when done at the Notary’s office. However this disolucion must be registered at the Civil Registry office. After that is properly registered, any further assets acquired will be the exclusive property of the party who acquired it.
Lina Ulloa and Steve Stroud.- If we can assist you in any divorce or separation issues, do not hesitate to contact us directly. We are also able to coordinate issues between Ecuadorean attorneys and your US Attorneys to be sure you are protected on all fronts. Because Experience Matters.