User consultation:
Will the divorce mediation document/kloc-take effect in 0/5 days?
Lawyer Zheng Zhixin of Guangdong Minrui Law Firm replied:
The divorce mediation document/kloc-will take effect in 0/5 days.
The divorce mediation will take effect from the date of signing by both parties. If both parties fail to sign at the same time, it will take effect from the date when the last party signs.
If both parties reach an agreement through mediation or self-negotiation, and both parties agree that the mediation agreement will take effect after being signed by both parties or fingerprinted, the mediation agreement will take effect from the date when both parties sign or fingerprint.
Comment on Lawyer Zheng Zhixin of Guangdong Minrui Law Firm;
The divorce mediation document/kloc-will not take effect after 0/5 days, but it will have legal effect after being signed by both parties.
If both parties do not sign at the same time, the signature date of the subsequent signer shall be the effective date.
When trying divorce cases, the people's court shall conduct mediation, which has three results:
1. After mediation, both parties settled, the plaintiff withdrew the lawsuit and the lawsuit was terminated;
2. If an agreement is reached through mediation, the people's court shall make a divorce mediation document, which shall become legally effective after being signed by both parties, and the marriage relationship shall be dissolved immediately;
3. Before the conciliation statement is served, if the conciliation fails to reach an agreement or one party reneges, the people's court shall make a judgment in time. If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
According to the provisions of the Civil Law, if mediation fails in any of the following circumstances, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
legal ground
Article 100 of the Civil Procedure Law. If an agreement is reached through mediation, the people's court shall make a mediation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation.
The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties.
The conciliation statement has legal effect after being signed by both parties.