Abstract

Mediation in resolving requests for recognition of divorce by mutual consent, child custody agreements, and property division upon divorce is a specialized procedural mechanism intended to ensure that a marriage is terminated voluntarily while protecting the lawful rights and interests of spouses and minor children. Based on an analysis of the 2014 Law on Marriage and Family, the 2015 Civil Procedure Code, and their practical application, this article identifies several shortcomings in the current legal framework. These include inconsistencies in determining the appropriate procedural form for resolving requests for recognition of divorce by mutual consent; difficulties in preparing records of voluntary divorce and successful mediation; and the absence of specific provisions on recording successful reconciliation and handling advance court-fee payments when the parties reconcile. The article subsequently proposes amendments and additions to Article 397 of the 2015 Civil Procedure Code, improvements to the provisions governing procedural records and court fees, and the issuance of guidance to ensure consistent application. These recommendations are intended to improve the practical effectiveness of resolving requests for recognition of divorce by mutual consent.

Keywords: Child custody agreements, Civil Procedure Code, divorce by mutual consent, mediation, property division upon divorce, recognition of divorce by mutual consent.