Translation of an archived article concerning the rules announced for 17 December 2023. The legal references and content of the original have been preserved.
Mediation is a prerequisite for bringing proceedings before a court in cases concerning divorce; determination of a child’s place of residence; recovery of maintenance (alimony); division of the spouses’ jointly owned property; exercise of parental rights relating to contact with a child, upbringing and education; establishment of child visitation arrangements; and amendment or termination of a marriage contract.
The requirement to apply to a mediator does not apply where:
- A decision has been made to apply any of the protective measures provided for by the Law “On the Prevention of Domestic Violence, Protection of Persons Subjected to Domestic Violence and Restoration of Solidarity in the Family” in respect of either party, regardless of whether that person has been placed on, or removed from, the preventive register.
- One of the parties has been held criminally liable for an intentional offence against the other party or that party’s child, parent, grandfather, grandmother, brother or sister.
- One of the parties has been declared missing or legally incapable in accordance with the law, is in custody, or is serving a sentence involving deprivation of liberty.
The above rules aim to substantially reduce the courts’ workload, given that mediation may lead to an amicable settlement of some disputes.