Vietnam: 04 divorce cases that cannot be mediated

When the marital status has been irreparable, the couple often comes to a decision to divorce. So, is there any divorce case without mediation in court in accordance with Vietnam’s regulations?

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According to Article 54 of the Law on Marriage and Family 2014 of Vietnam, after accepting a divorce petition, a court shall conduct conciliation in accordance with the civil procedure law. Concurrently, according to Article 52 of the Law on Marriage and Family 2014 of Vietnam, 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.

Besides, according to Article 397 of the Civil Procedure Code 2015 of Vietnam, in case of settlement of amicable divorce requests, agreements on child custody and property division upon divorces, 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.

Thus, according to the above provisions, conciliation at court is a mandatory procedure when requesting a divorce and the State encourages divorce mediation at grassroots level such as hamlets, villages, neighborhood groups, neighborhoods, street blocks and other residential communities. However, divorce mediation at grassroots is based on the principle of respecting the voluntariness of the parties; optional, imposed on the parties in grassroots conciliation (according to Clause 1 Article 4 of the Law on Grassroots-level Conciliation 2013 of Vietnam).

So is there any divorce case without conciliation at court? This is a question many couples ask when they want a quick divorce.

According to Clause 1 Article 205 of the Civil Procedure Code 2015 of Vietnam, during the period of preparation for the first-instance trial over cases, the Courts must carry out mediation for the involved parties to reach agreement on the resolution of the cases, except cases which must not be mediated or cannot be mediated as stipulated in Articles 206 and 207 of this Code or cases settled under simplified procedures.

Specifically, there are 04 cases which cannot be mediated at Court specified in Article 207 of the Civil Procedure Code 2015 of Vietnam, including:

- The defendants or the persons with relevant interests and duties are intentionally absent though having been duly summoned twice by courts.

- The involved parties cannot take part in the mediation for plausible reasons.

- The involved parties being wives or husbands in divorce cases have lost their civil act capacity.

- One of the involved parties applies for non-mediation.

Thus, when the couple wants to get a divorce without conciliation, the husband or wife can make a written request not to conduct the mediation. In case a husband or wife wants to unilaterally divorce without conducting mediation, either party can proceed to make an application to not conduct divorce mediation or is absent after being properly summoned by the Court twice, the Court will not conduct the conciliation. In addition, in case the spouse is a person who has lost his/her civil act capacity or is unable to participate in the conciliation for a good reason, the Court will not conduct the conciliation.

Ty Na


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