The elimination of the consultation and the execution of the sentence in divorce proceedings

Castillo Saavedra E.H. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2026) · DOI: 10.5281/zenodo.20128569

Resumen

This article examines the legal feasibility of modifying the mandatory procedural consultation in Peruvian divorce proceedings, regulated in Article 359 of the Civil Code, and its impact on procedural celerity. The research adopts a qualitative approach with a dogmatic-legal and propositional design, through a documentary review protocol that applied explicit inclusion and exclusion criteria to a corpus of 38 sources and an analysis matrix of 12 Peruvian cassation decisions and 4 comparative rulings. The results show that fault-based divorce ranges between 12 and 24 months at first instance, extending to 4 or 5 years with consultation and appeals; that Spain, Argentina, Chile and Mexico have made similar mechanisms more flexible; and that consultation frequently operates as a formal procedure. It is concluded that its restrictive modification, preserving narrowly tailored exceptions for accredited vulnerability, constitutes the reasonable way of reform.

Instituciones: Universidad Privada Antenor Orrego