What is conciliation?
Conciliation is a form of dispute resolution and provides an opportunity for parties involved in a legal dispute to reach an agreement without the uncertainty, cost and time of a court hearing.
According to legal provisions, there are two forms of conciliation in divorce: grassroots-level conciliation and court conciliation.
Is conciliation required for divorce?
Grassroots-level conciliation
Articles 52 of the Law on Marriage and Family 2014 stipulates that the State shall encourage conciliation when a husband or wife requests a divorce. The conciliation must comply with the law on grassroots-level conciliation.
Therefore, grassroots-level conciliation is an optional procedure when resolving divorce but only encourages the parties to reach an agreement and voluntarily resolve disputes or disagreements. Conciliation at the grassroots-level is only carried out when both parties have a need.
Court conciliation
If grassroots conciliation fails or is not carried out, after the divorce petition is filed and accepted, the court will conduct conciliation according to legal provisions on civil procedures. According to Articles of the Law on Marriage and Family 2014, after accepting a divorce petition, a court shall conduct conciliation in accordance with the civil procedure law.
Besides, Clause 2, Articles 397 of the Code of Civil Procedure stipulates “Mediation and recognition of voluntary divorces and agreements on child custody and property division upon divorces” that judges must conduct mediations to unify husbands and wives; explain about rights and obligations between wife and husband, parents and children and between members of family and rights and obligations in providing alimonies and other matters related to marriage and family.
So, court conciliation is mandatory for divorce proceedings, even when both parties mutually agree to divorce.
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