In preparation for hearing a divorce case, conciliation is a very important proceeding activity. Different from other ordinary civil cases, the Judge must conduct conciliation with respect to marital relation, analyze for the purpose of their reunion and recovery of their sentiments.
Main tasks and practical skills:
- Conciliation with respect to a marital relation is compulsory and may conduct early, not necessarily waiting for the evidence collected in relation to a dispute on bringing up the children or division of assets.
- No conciliation is permitted in the case of a marital relation found illegal (Article 181 of the CPC).
- Conciliation fails in the following circumstances: the defendant is intentionally absent for the second time as provided in Article 182 of the CPC; the litigants cannot be present for proper reasons (being in a foreign country, in prison, etc.); the defendant has lost their capacity for civil acts.
- Conciliation conducted among persons having related rights and obligations shall be conciliation conducted among relevant litigants (Article 184 of the CPC). For example: With respect to a common debt, the Court shall conduct conciliation between the creditor and the couple only (it is not necessary to have the presence of other creditors).
- Where the litigants manage to reach an agreement on resolution of the whole case, the Court shall issue a decision on recognition of such agreement (Article 187 of the CPC, Resolution No. 01/2005/NQ-HDTP).
- Other decisions must be made in the same way as in other civil cases:
- Temporarily suspending resolution of the case (Article 189 of the CPC);
- Suspending resolution of the case (Article 192 of the CPC);
- Deciding to hear the case (Article 195 of the CPC).
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