Is it possible to change agreement reached when divorcing by mutual consent?

Legal situation:

Please advise me, my parents have been recognized by the Court to divorce by mutual consent. Now, can my mother wishes to change the content of the agreement?

Answer:

Thank you for trusting and sending your requests that need to be consulted to FDVN Law Firm (“FDVN”). For your requests, after researching the legal provisions, we would like to send you some references as follows:

During the process of settling a divorce by mutual consent, the Court will conduct mediation to reunite the wife and husband. In the event of unsuccessful mediation, the Judge shall issue a decision recognizing the divorce and the agreement of parties. According to Article 212 of Civil Procedure Code 2015, upon the expiry of the 07-day time limit after making the records on successful mediation, if no parties change their opinions on such agreement, the presiding Judge of the mediation session or another Judge who has been assigned by the court’s Chief Justice shall issue a decision recognizing the agreement of the involved parties.

In addition, pursuant to Article 213 of the Civil Procedure Code 2015, the decisions to recognize the involved parties’ agreement shall take effect immediately after they are issued and not appealed against by the appellate procedures. The decisions to recognize the involved parties’ agreement can only be appealed against by the cassation procedures if there are grounds to believe that such agreement were reached as a result of mistakes, deceptions, initimidation, force or they contravene the law or social ethics.

Therefore, based on the above provisions, parties can only change their opinions on divorce by mutual consent within 07 days from the date of making the records on successful mediation. After this time limit, the Judge who presides over the mediation session shall issue a decision recognizing the agreement of the involved parties and this Decision shall take effect immediately and cannot be appealed against by the appellate procedures. In case there are grounds to prove that such agreement were reached as a result of mistakes, deceptions, intimidation, force or they contravene the law or social ethics, the involved parties can protest by cassation procedures to review the decision on recognition of the effective agreement of the involved parties.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Attorney Duyên Trần – FDVN Law Firm

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