Procedures for conciliation in consent to a divorce in Vietnam. Is mediation required when agreeing to a divorce? Let us learn about this topic with LSX law firm as follow:
What is “consent to a divorce” in Vietnam?
Consent to divorce means the marriage relationship is; terminated by a decision of the Court. To be considered an amicable divorce, the following conditions must be; met:
The two parties in the husband and wife relationship agree to sign the divorce petition together;
There is no dispute between the two parties, there is no conflict or occurrence of violent acts; serious violations of the obligations of the spouses, leading to the marriage being unable to continue.
The parties can reach an agreement on their rights and obligations, including raising children together and dividing common property.
Is mediation required when agreeing to a divorce in Vietnam?
Conditions and procedures for consent to divorce in Vietnam. Article 54 of the 2014 Law on Marriage and Family stipulates: “After accepting the divorce petition, the Court shall conduct conciliation in accordance with the civil procedure law.”
Clause 2, Article 397 of the 2015 Civil Procedure Code stipulates; that on conciliation when a divorce is consensual: “The judge must conduct conciliation to reunite the husband and wife; explain the rights and obligations between husband and wife, between father, mother; and children, among other family members, about alimony and other issues related to marriage and family”.
Thus, conciliation upon consensual divorce is a mandatory procedure and is; carried out during the trial preparation stage for the purpose of healing husband and wife; create favorable conditions for husband and wife to reunite and explain the rights and obligations between husband and wife, between father, mother; and children, among other family members, support responsibilities and other issues related to marriage and family.
Cases in which the Court does not agree to divorce in Vietnam
The court will not resolve an amicable divorce in the following cases:
During the mediation session, the husband and wife agreed to reunite
During the mediation session, the two parties cannot agree on all issues of marital relationship; child custody, alimony, common property, common debt.
During the sessions of taking testimonies, conciliation; and handing over documents and evidences that one of the spouses requests to be absent; If there is no application for absenteeism, without good reason; the Court will determine that the petitioner waives the request and issues a decision to suspend the settlement of the recognition of consent for divorce.
Procedures for conciliation in consent to a divorce in Vietnam
Divorce by consent, Spouse has to go to Court for reconciliation or not? Firstly, the judge will inform about the rights and obligations of husband and wife; analyze legal issues so that the parties can think about reunification.
Secondly, the parties present their issues.
Thirdly, determine the issue and agree on the parties’ decisions including custody of children, joint property or whether or not to reunite.
Fourthly, the judge makes a record and makes a decision.
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Related questions
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.
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