Expat Community > Ecuador

Dannachello
Joined 2018
Posts: 8

Divorce in Ecuador: Division of Assets

6 years ago

I hope someone can answer this. My girlfriend is Ecuadorian and lives with her 3 children in a small home in Guayaquil. She left her husband after learning that he had an affair while she was pregnant with their second child and actually fathered a child with the other woman. I should also mention he’s a municipal police officer in Guayaquil. Since she kicked him out of the family home, he is constantly harassing her, even to the level of abuse. Shortly after we began a relationship, he found out and came to her home in a jealous rage, hit her and stole her cellphone, forcing it from her hands, believing that her temporary inability to communicate with me would somehow end our relationship. These incidents have only become worse over time. I’m back in Canada and will not see her again until September, when I go to visit for 9 days. We plan to marry, but first she has to finalize the divorce—and he’s not making it easy. Until now, she hasn’t called the police on him for a couple of reasons: 1. He’s a cop and they all stick together, so she feels she will just be laughed at and the situation will only become worse, and 2. If he does get in trouble, he might lose his job and she won’t get the money he pays her every month for child support. Today, she made a bold move and went to the National Police. She told them the situation and that she didn’t want him to lose his job and they put a special “panic button” in her phone and actually escorted her home afterward. He happened to be there and they made him leave the property, telling him that he is not allowed to return. If he does, it will be reported to his employer and he will lose his job and possibly face charges. So she found a way of getting around the court system, which was good. So now, of course, he’s harassing her over the phone, as he wasn’t told he couldn’t call her. Today he called and said that he is going to ask for a divorce (which makes no sense, because she has already been to a free lawyer at the local law school and begun the process, which he already said he wasn’t going to agree to, making things more difficult. His new goal in life. He told her that in the case that they get s divorce, the family home will be divided, and they will have to “learn to live together” or sell the home and take 50/50. She doesn’t know anything about the law there and is now panicking that this is going to happen. I assured her that no court is going to kick a woman and her 3 kids out of the family home, especially after what he has done. Since he’s not even allowed on the property, how could they? She also wanted to be a police officer, but he wouldn’t allow her to, basically forcing her to be a stay-home housewife through emotional manipulation. So she has no income and 3 young kids to take care of. Does anyone know whether the wife and children are usually awarded the family home in a divorce, as in most civilized countries? Since he committed adultery, and there’s proof of it, will she be favoured in the divorce? Is there any way she can apply to have child support taken directly from his pay, so she doesn’t have to worry about getting it from him each month? Last week, he told her he was going to cut the support money in half, because “once she’s hungry and watching the children starve, maybe she’ll come back to her senses and return to him”. Like that’s going to make her fall in love with him again. I’m worried that he may hurt her, so this “panic button” gave me some relief. It’s so hard being this far away from the woman I love. I watch this craziness unfold from afar and there’s nothing I can do, other than be supportive on Skype. It’s not easy, by any means. But she’s worth it. Our plans are for her and her children to come to Canada and live, but I can’t see him giving his signature to approve taking his kids from the country. If there was a way she could get full custody, I suppose that might be sufficient. But she seems to know less than I do about her rights and Ecuadorian family law—and I don’t know anything.

Can anyone please help?

Danny C.
Toronto, ON

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Divorce in Ecuador: Division of Assets

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