Quick divorce procedure without mediation in Vietnam. When the divorce decision has been reached, usually the couple will want the divorce procedure to be resolved quickly. But most divorces require mediation. So what if the couple do not want to reconcile when they divorce? Let us learn about this topic with LSX law firm as follow:
Is Mediation in Divorce a Compulsory Procedure in Vietnam?
According to Clause 2, Article 4 of the Law on Marriage and Family 2014; the State and society must promptly mediate conflicts in the family and protect the legitimate rights and interests of members.
Especially when a husband and wife request a divorce; the State and society encourage reconciliation at the grassroots (according to Article 52 of the Law on Marriage and Family). The grassroots mediation must respect the voluntary consent of the parties, not be; forced or imposed. If the grassroots conciliation fails, after the divorce petition is; filed and accepted; the Court will conduct the conciliation in accordance with the provisions of the civil procedure law.
Accordingly, Article 205 of the Civil Procedure Code stipulates that; within 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 agreement on the settlement of the case; except for those not amicable or non-reconcilable or resolved by summary procedure.
At the same time, Clause 2, Article 397 of the Civil Procedure Code also clearly states that; when settling a consent divorce request:
The judge must conduct mediation to reunite the husband and wife; explain the rights and obligations between husband and wife, between parents and children, etc., about support responsibilities and other issues.
From these provisions, when a divorce petition is; sent to the Court; whether a divorce is unilateral or consensual, mediation must be conducted at the Court, except for some special cases.
Quick divorce procedure without mediation in Vietnam
Documents required for divorce in Vietnam. According to the analysis above, in the consent divorce cases, the Court is; required to conduct conciliation. At the same time, exceptions The Court may not conduct conciliation when settling civil cases in the following cases:
– Civil cases that are; not conciliated (Article 206 of the CPC): Claims for compensation for damage caused to State property; Cases arising from civil transactions that violate the terms of the law or are contrary to social ethics;
– Civil cases that cannot be reconciled (Article 207 of the CPC):
The defendant, the person with related interests and obligations has been; duly summoned by the Court for the second time but is still deliberately absent;
The litigant cannot participate for a good reason;
The involved parties being spouses in the divorce case are those who have lost their civil act capacity;
One of the parties proposed not to conduct mediation.
Therefore, in a unilateral divorce case, if one of the spouses wants to divorce without conciliation; one of the spouses can make a petition for non-mediation and send it to the Court. Particularly, the defendant in the unilateral divorce request may be absent after 02 times of valid conciliation by the Court; the mediation will not be possible.
Where to pay divorce fees in Vietnam. In short, when a divorce is consensual, it is imperative that the parties conduct conciliation. In the case of unilateral divorce, if either party makes an application for non-conciliation or the defendant is absent in 02 valid summons; the conciliation cannot be conducted. At that time, the divorce case will not need mediation.
Finally, hope this article about Quick divorce procedure without mediation in Vietnam is helpful for you!
In the case of a unilateral divorce, the person who requests for a unilateral divorce must send an application to the Court where the defendant resides and works. If the place of residence is different, the couple can agree to go to the Court of the place of residence of the wife or husband to carry out the procedure.
Currently, the Council of Judges of the Supreme Court has issued a divorce petition enclosed with Resolution 01/2017/NQ-HDTP. However, in this document as well as related documents, it is not required that husband and wife use these two forms to submit to the divorce court.
The person who wants to get a divorce can submit a written or written application with the following information: Name of the court receiving the application, full name of the person requesting the divorce; Contents to request the Court to settle on marriage, common children, property (if any)…