What is the procedure for conciliation in a unilateral divorce case? Is mediation required? To better understand this issue, hereafter Lawyer X would like to introduce the article “Conciliation in the unilateral divorce case”. We invite you to read along.
Legal grounds
– Civil Procedure Code 2015
– Law on Marriage and Family 2014
What is conciliation?
Mediation is the process of third-party persuasion, and assists the parties to reach an agreement and negotiate for a complete termination; or part of the conflicts, disputes, and disagreements with each other.
Accordingly, the current mediation procedures include grassroots mediation, court mediation; conciliation at commercial arbitration centers, etc. to settle disputes about divorce, labor, and commerce.
In particular, in divorce cases, conciliation is extremely important to mend broken relationships, settle disputes and conflicts between husband and wife stably, and ensure the rights and interests of husband and wife. interests of both spouses.
Regulations on mediation procedures in divorce
According to the provisions of the Law on Marriage and Family 2014, when resolving a divorce, there will be 2 forms of mediation:
+ First, the grassroots mediation procedure (the mediation takes place before the court receives the divorce petition);
+ Second, conciliation at court (reconciliation pending the trial of the case after the case accepted). These two procedures have certain differences as follows:
Facility Mediation (mediation that occurs before filing for divorce)
According to the provisions of Article 52 of the Law on Marriage and Family 2014:
The State and society encourage reconciliation at the grassroots level when husband and wife request a divorce. Mediation is carried out by the law on grassroots mediation.
With the above provisions, grassroots creation is not a mandatory procedure before filing a petition to the court for divo rose. Mediation at the grassroots level upon divorce is only encouraging to heal the relationship between the two parties.
Conciliation at the grassroots level can conduct from within the family to the People’s Committees of communes, war, ds, and townships; in organizations such as With women union, Youth Union, Veterans’ Association, Farmers’ Union, ..; and even the workplace of both husband and wife.
The mediator will usually be people you know; may even have a close, intimate relationship with a spouse; should be able to understand each person as well as their marital relationship. From there, it is possible to give the most correct and practical advice to the insiders.
Mediation at Court (reconciliation after the case accepted)
According to the provisions of Article 54 of the Law on Marriage and Family 2014:
After accepting the divorce petition, the Court conducts conciliation by the civil procedure law.
Clause 1, Article 205 of the Civil Procedure Code also stipulates:
During the time limit for preparing for the first-instance trial of the case; the Court shall conduct conciliation so that the involved parties can reach an agreement on the settlement of the case, except for cases that cannot be conciliated or cannot conduct conciliation as prescribed. in Articles 206 and 207 of this Code or the case shall be settled according to summary procedures.
Thus, conciliation at court is a mandatory procedure to carry out when resolving a divorce case; except for a few cases. This procedure is carried out while waiting to bring the case to trial after the case has been accepted. This mediation has a very important meaning, it shows the high responsibility of those who have jurisdiction, and always appreciates creating conditions for the involved parties to have the opportunity to share, present and write testimonies in advance. who has the power to decide the divorce of two people? This mandatory procedure must be carried out even if there is an element that is not feasible and difficult to get results.
Order and procedures for conciliation at Court
Order of reconciliation
Based on the above principles, the mediation in the divorce case will perform by the Judge as follows:
Before performing mediation
The judge must notify the involved parties; the legal representative of the involved party; the defender of the litigants’ legitimate rights and interests on time; venue for mediation.
When deeming it necessary, the judge may consult with the state management agency in charge of the family or the state management agency in charge of children regarding family circumstances, the causes of disputes, and the wishes of the child. wife, husband, and children related to the case.
For child custody disputes; The judge must consult with the minor children who are full seven years old or older. In case of necessity, can invite the representative of the state management agency in charge of family affairs; State management agencies in charge of children to witness and give opinions.
The judge may consult with the state management agencies on the family; the state management agency in charge of children in family circumstances; causes of conflicts and aspirations of spouses and children related to the case.
Conduct mediation
The involved parties by appointment must go to the Court to conduct conciliation.
Procedures for conducting conciliation shall comply with Clause 4, Article 210 of the CPC 2015 as follows:
-The judge disseminates to the litigants the provisions of the law related to the settlement of the case; rights and obligations of the involved parties; analyzes the legal consequences of the successful conciliation so that they voluntarily agree with each other on the settlement of the case;
-Litigants; defenders of their legitimate rights and interests present the content of the dispute and supplement the petition for a lawsuit; grounds to defend the claim; opinions and propose views on issues that need conciliation, and directions to solve the case.
-The judge concludes on the issues that the involved parties have agreed to or have not yet reached.
If, after conciliation, all issues brought to dispute settlement; including court fees; The judge will make a record of successful conciliation and issue a decision to stop the settlement of the case.
In contrast in the case of unsuccessful conciliation; or unable to resolve all disputes; The judge accepting the case will make a record of unsuccessful conciliation and continue the procedures for opening the trial.
Please see more
The cases spouse can not unilaterally divorce in Vietnam
How is the procedure for withdrawing the divorce petition?
Frequently asked questions
Unilateral divorce is a problem when marital happiness is no longer maintained, husband and wife conflicts become more serious, and the marriage purpose is not achieved. Therefore, besides the divorce agreement, the divorce at the request of either party is called a unilateral divorce.
Either spouse has the right to request the Court to settle the divorce.
If one of the spouses is mentally ill or has another illness that cannot be perceived. They are also victims of domestic violence. Therefore, parents and other relatives have the right to request the Court to settle the divorce.
Article 213 of the 2015 Civil Code stipulates:
The decision to recognize the agreement of the involved parties takes legal effect immediately after it is issued and will not be appealed or protested against according to appellate procedures.
The decision to recognize the agreement of the involved parties may be protested against according to cassation procedures only if there are grounds to believe that such agreement is due to mistake, deception, threat, coercion, or violation. prohibited by law, contrary to social morality.
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