Special Curatorship Process for second marriages, in relation to the principle of simplicity and speed

Abstract

Collecting the most important, the process in order to obtain the appointment of special conservatorship for nuptials, must be managed by the parent with the capacity to marry, who wishes to get married, who has an unemancipated minor child under their care and from a previous relationship. The jurisdiction lies with the judges of the Judicial Unit for Family, Women, Children and Adolescents, the process is voluntary, and due to the phases and formalities of said process, as well as the procedural burden that the courts go through, said The process is not simple and fast, as it lasts approximately one and a half to three months, hindering the right to freely choose their marital status. By virtue of what has been indicated and the analysis carried out, said process conflicts with the principles of simplicity and speed, due to this set of problems a more expeditious process of approximately 48 hours is necessary, for which a reform of the Notarial Law is essential, granting to notaries as an exclusive attribution, setting reduced and differentiated rates that do not violate the right to equality and non-discrimination of the right of access to public services for low-income people.