Family law provides for a special period in the reconciliation of the spouses wishing to divorce.This time limit is due to the desire of the state to ensure the restoration of the family and the preservation of family relations.
If common minor children, the couple not, and there is mutual agreement on the termination of the marriage, the appropriate procedure is implemented in the registry offices.The term reconciliation in this case is only one month, which is counted from the filing of a joint statement on the termination of the marriage.
The court terminated the marriage in the absence of mutual agreement on the termination of family relations between spouses, as well as the presence of minor children.In any case, the law requires the court to make a decision on the termination of marriage only when
there is confidence that the preservation of the family, the subsequent joint life of the spouses is not possible.
Giving life to the reconciliation of the spouses is the law of the court, and not an obligation.Depending on the specific circumstances of the case, the court may not exercise this right, if it determines that the provision of such a term does not matter.
Family law allows the court to provide for any period of reconciliation, which is within the three-month period.This means that the hearing may be postponed several times because the judge considers it possible to preserve family relations.However, the total period of the proceedings shall not exceed 3 months, since this period is set as the maximum.
If all efforts at reconciliation have been exhausted and the statutory period has expired, the court satisfies an application for divorce.For such a decision is not binding, the agreement of both spouses is sufficient expression of the will of one of them.
Even if you have confidence in the impossibility of reconciliation of the spouses the court has no right to dissolve the marriage before the expiry of one month from the date of application.This time limit is the minimum period for reconciliation, spouses solutions to all problems, so it is available in all cases of termination of family relations.If the spouses insist on termination of the marriage, the court in the received act, resolve issues related to the division of the common property and the subsequent fate of minor children.
- Family Code