07/10/2022 10:15

Is mediation compulsory when settling a request for divorce by mutual consent in Vietnam?

Is mediation compulsory when settling a request for divorce by mutual consent in Vietnam?

Divorce is something no couple wants. Mediation in the settlement of a request for divorce by mutual consent after the Court accepts the petition of the person requesting the settlement of a civil matter is necessary. Is this procedure compulsory in Vietnam?

What is divorce by mutual consent?

When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which -fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce. (Article 55 Law on Mariage and Families 2014

In case of divorce by mutual consent, both husband and wife have agreed on property division, child custody, etc.

What is mediation? Is mediation compulsory in Vietnam?

Mediation is a process whereby a third party assists two or more parties, with their consent, to prevent, manage or resolve a conflict by helping them to develop mutually acceptable agreements.

Article 397 of Vietnamese Civil Procedure Code 2015 stipulates: "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."

Legal consequences of mediations in Vietnam

In case mediations are successful

The court shall issue a decision to terminate the settlement of the request for recognition of the spouses' divorce by mutual consent upon successful mediation.

In case mediations are not successful

The Judges shall make decisions to recognize the voluntary divorces and agreements between involved parties if the following conditions are fully satisfied:

- The two sides really volunteer to divorce;

- The two sides have reached agreements on whether or not to divide the common properties, on the care, rearing and education of their children;

- Such agreements ensure the legitimate interests of the wives and their children.

Below are the judgments on divorce by mutual consent in Vietnam:

1. Judgment 111/2018/QDST-HNGĐ dated October 11, 2018 on request for divorce by mutual consent

Level of trial: First instance

 Judicial body: People's Council of Ham Tan district, Binh Thuan province

Quoting the content: "Recognizing the agreement of the parties specifically as follows: Regarding common children: Mr. D directly raised two common children, Le Quoc T, born on March 22, 2002 and Le Tan P, born on May 14, 2008. Mr. D did not ask Ms. Tinh to support the child. After the divorce, Ms. T has the right and obligation to visit the child without being hindered. The party has the right to make an application to change the person directly raising the common child as well as giving the child support in accordance with the law. Regarding common property and debt: Mr. D and Ms. T reach an agreement on their own and do not ask the Court to settle the matter."

2. Judgment 21/2019/HNGĐ-ST dated 16/08/2019 on request for recognition of divorce by mutual consent

Level of trial: First instance

Judicial body: People's Court of Ha Tinh province

Quoting the content: "Both Ms. O and Mr. L have reached an agreement to hand over the child to Ms. O to directly raise, Mr. L does not have to support the child. Considering that the agreement of the two is completely voluntary and ensure the conditions for the common child to develop normally, so it is necessary to accept this agreement of Ms. Tran Thi O and Mr. Hoang Duy."

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Nhu Y
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