Divorce mediation refers to mediation aimed at helping the parties to correctly handle divorce disputes. As far as the content of mediation is concerned, it can be divided into mediation and transfer. In practice, it generally focuses on mediation. Mediation shall follow the principles of voluntariness and legality, and the parties shall not be forced to accept mediation. So, do divorce proceedings have to be mediated? Disagree with mediation and divorce directly?
User consultation: Do divorce cases have to be mediated first? What will happen after mediation?
Lawyer Luo of Beijing Dacheng (Nanchang) Law Firm replied:
Article 32 of the Marriage Law stipulates: "The people's courts shall conduct mediation when trying cases". Therefore, mediation is a necessary procedure for hearing divorce cases. Even if mediation has been conducted by the marriage registration authority or street organizations before the prosecution, the people's court should still conduct mediation after accepting it.
When conducting mediation, a judge must persuade and educate both parties according to the facts ascertained, publicize laws, policies and socialist ethics, criticize the wrong party and guide the innocent party. After the mediation begins, we must first do a good job in mediation. The relationship has not yet broken down, but the two sides can't reach a mediation agreement, and they should decide not to divorce in time; If the relationship between the two sides has really broken down and there is no possibility of reconciliation, it is necessary to do a good job in mediation of divorce. If the two parties fail to reach a mediation agreement, they shall make a timely judgment to grant the divorce.
Mediation is a necessary procedure for hearing divorce cases, which does not mean that the parties must accept mediation. Mediation of divorced parties must also adhere to the principle of voluntariness and legality. On the one hand, both parties must accept mediation voluntarily, but they cannot be forced to accept mediation; On the other hand, the content of the agreement reached must be the result of persuasion, education and democratic consultation.
Lawyer Luo analysis;
Sue the court for divorce.
Divorce belongs to the rights and freedoms of both husband and wife, and can be divorced by agreement or by litigation. Litigation divorce, if one party does not agree to divorce or renege after the divorce agreement is signed, the other party may file a divorce lawsuit. Generally, the lawsuit is filed in the court where the defendant has his domicile, or in the court where the defendant has lived for more than one year. The first trial usually lasts three months.
Divorce treatment of husband and wife having property * * * Before marriage, the property belongs to each other, and after marriage, the husband and wife share the property equally. If the other party has a legal fault that leads to divorce (for example, one party maliciously transfers property), and the husband and wife have property, they can ask the wrong party to score less points and claim compensation for losses.
After divorce and children's divorce, the other party shall bear part or all of the necessary living expenses and education expenses of the children raised by one party. Generally, the child care fee can be paid according to the proportion of 20% to 30% of the total monthly income. No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of child care fees.
After the divorce case is mediated by the court, there will be three different results:
The two sides reached an agreement and the plaintiff withdrew the divorce proceedings.
Generally speaking, in this case, there is no need to send a mediation book, but the mediation record should be filed.
The two sides reached a divorce agreement, and one party's divorce turned into voluntary divorce.
The people's court shall make a conciliation statement according to the agreed divorce content and send it to both parties for approval.
After the divorce mediation document is served, it has the same legal effect as the divorce judgment and is the basis for the dissolution of the marriage relationship by law.
Mediation is invalid and divorce proceedings continue.
This situation may be that the plaintiff insists on the divorce request and the defendant does not agree to the divorce; It may also be that although the two sides reached a divorce agreement, they failed to reach an agreement on issues such as property division and child support.
The people's court shall make a judgment according to the facts such as whether the feelings of both parties have broken down.
According to the law, we can know that mediation is a necessary procedure for divorce proceedings. If the judge has not mediated the divorce case at this time, he will directly judge whether the husband and wife are divorced or not allowed to divorce, which constitutes a procedural violation and can be used to appeal to a higher court.
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