Divorce by consent, Spouse has to go to Court for reconciliation or not? When agreeing to divorce; many people think that the husband and wife have reached an agreement on the issue of terminating the marital relationship; child custody, property division, etc., so they may not need to go to Court. So is it true that an amicable divorce does not need to go to Court? Let us learn about this topic with LSX law firm as follow:
Divorce by consent, Spouse has to go to Court for reconciliation or not?
What is a divorce? What is the common cause of divorce in Vietnam? A civil matter is a matter that is; not disputed by an agency, organization or individual; but request the Court to recognize or not recognize a legal fact as the basis for giving rise to their own rights and obligations; civil, marriage and family, business, commerce, labor or that of an agency. , other organizations or individuals; request the Court to recognize their civil, marriage and family, business, commercial and labor rights.
Thus, it can be affirmed that a divorce is a civil matter.
According to Clause 2, Article 397 of the Civil Procedure Code; within the time limit for preparing to consider the petition; the Court will conduct conciliation for the husband and wife to reunite:
– If successful conciliation means that the husband and wife are reunited; the judge shall issue a decision to suspend the settlement of the consent divorce request.
– If the conciliation fails, which means that the husband and wife are not reunited; the judge will issue a decision to recognize the divorce agreement; and the parties’ agreement on the conditions that both parties are voluntary and mutually agree on issues. related topic…
However, according to Clause 4, Article 85 of the Civil Procedure Code; with divorces in general and consent divorces in particular, the involved parties may not authorize others to participate in the proceedings on their behalf.
Pursuant to this provision, when the Court conducts conciliation; the husband and wife are not; allowed to authorize another person but must go to the Court themselves to participate in the mediation session.
Thus, when they agree to divorce, both husband and wife must be present at the Court to participate in the mediation session.
Divorce by consent, Spouse can be absent when opening the consent divorce meeting or not?
In the course of settlement of the consent divorce; the Court must open a meeting to resolve the civil matter within 15 days from the date of issuance of the decision to open the meeting.
At the same time, Clause 2, Article 367 of the 2015 Civil Procedure Code states:
The requester or his/her lawful representative and defender of his/her legitimate rights; and interests must attend the meeting in accordance with the Court’s summons.
According to this provision, when the Court opens a meeting to resolve the divorce by consent; the parties must be present at the Court under the Court’s summons. However, the spouses requesting an uncontested divorce may be absent:
– First absence: The court will adjourn the meeting; unless the petitioner requests the Court to settle the civil matter in his or her absence.
– Second absence: The petitioner will be considered to have waived the request; and the Court will issue a decision to suspend the settlement of the civil matter. Court fees and fees for divorce in Vietnam.
Thus, according to this provision, the husband and wife can be absent and request the Court to settle the divorce in their absence. But a second absence without the request will be considered a waiver of the request and the consensual divorce will be suspended.
Finally, hope this article about Divorce by consent, Spouse has to go to Court for reconciliation or not? is helpful for you!
Consensual divorce is when a husband and wife really voluntarily divorce and have reached an agreement on issues surrounding the termination of the marital relationship: division of property, looking after and raising children, etc. in Article 55 of the Law on Marriage and Family.
Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court.