Conciliation procedure in divorce cases

Conciliation procedure in divorce cases is not only a legal requirement but also an opportunity for spouses to reassess their relationship and seek the most humane and least harmful resolution. A clear understanding of the regulations, procedures, and significance of Conciliation enables the involved parties to proactively protect lawful rights and interests of themselves and family members. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process. 

1. Conciliation in Divorce cases

Conciliation is a voluntary process in which disputing parties negotiate and resolve conflicts with the assistance of a neutral third party, usually a mediator or a competent authority.

In divorce cases, Conciliation refers to the process where spouses are encouraged to reconcile and reach agreements concerning marital relations, common children, property, and obligations before the Court issues a decision terminating the marriage.

The purposes of Conciliation in divorce include:

• Assisting parties in reconsidering conflicts and the possibility of reconciliation;
• Reducing the workload of the Court;
• Ensuring lawful rights and interests of children and other related parties.

Conciliation procedure in divorce cases

2. Legal provisions on grassroots-level conciliation and court conciliation in divorce

2.1. Grassroots-level conciliation in divorce

According to Article 52 of the Law on Marriage and Family 2014, grassroots-level conciliation  is encouraged to facilitate quicker divorce proceedings or to provide an opportunity for spouses to restore their relationship:

“Article 52. Encouragement of grassroots-level conciliation
The State and society shall encourage grassroots-level conciliation when a husband or wife requests a divorce. The conciliation must comply with the law on grassroots-level conciliation.”

2.2. Court conciliation  in divorce

Pursuant to Article 54 of the Law on Marriage and Family 2014 and Article 205 of the Civil Procedure Code 2015, the Court is responsible for conducting mandatory Conciliation during the process of settling a divorce case, except for cases not subject to Conciliation or where Conciliation cannot be conducted as prescribed in Articles 206 and 207 of the Civil Procedure Code 2015, or cases settled under simplified procedures.

Conciliation  at the Court is a compulsory procedure in divorce proceedings, ensuring compliance with procedural laws. It is conducted after the petition for divorce has been accepted by the Court.

3. Cases Where Conciliation Cannot Be Conducted

Under Article 207 of the Civil Procedure Code 2015, conciliation cannot be conducted in the following situations:

• One of the spouses has lost civil act capacity;
• The Court has duly summoned the party twice but the party intentionally fails to appear;
• The litigant is unable to participate in conciliation for legitimate reasons;
• One of the parties requests not to conduct conciliation.

Therefore, when a case falls under any of these circumstances, Conciliation shall not take place.

4. Importance of conciliation regulations in divorce

The inclusion of conciliation procedures in divorce legislation plays a crucial role in maintaining family and social stability. Mandatory conciliation at the Court assists parties in reconsidering issues and making informed decisions. Additionally, Conciliation helps:

• Minimize conflicts and disputes, particularly in cases involving children;
• Protect the rights of the children by encouraging parents to carefully evaluate the decision to terminate the marriage;
• Save time and legal expenses when early agreements are reached;
• Contribute to social stability and reduce the number of contentious divorce cases.

Conciliation procedure in divorce cases

5. Noted When Participating in Conciliation

Conciliation in divorce proceedings is a vital step allowing parties to negotiate voluntarily, reconcile differences, and shorten the time required for Court settlement. Therefore, thorough understanding and preparation are essential to safeguard lawful rights and ensure a transparent, efficient, and fair process.

For an effective Conciliation session, spouses should consider the following:

• Consult a divorce lawyer for professional advice on protecting personal legal rights;
• Maintain cooperative and respectful behavior;
• Provide truthful information regarding assets, children, and income;
• Communicate clearly and effectively.

6. Apolo Lawyers – Solicitors & Litigators provides consulting services on divorce procedures

Our company provides fast unilateral divorce services in Ho Chi Minh City, such as:

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers – Solicitors & Litigators has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for a divorce procedure consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Resolving Spousal Relationships in Unilateral Divorce

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