If the spouses have minor children and/or the wife is pregnant, before initiating divorce proceedings before the court, a Mediation Procedure – Reconciliation Procedure must first be conducted before the Center for Social Work, whose jurisdiction is determined according to the place of residence of the spouses.
In the mediation procedure, both spouses will be heard at the Center for Social Work, and if the child is mature enough to understand the significance of the hearing, the child may also be heard. At this stage, the spouses may express their proposals regarding the exercise of parental rights and responsibilities.
The purpose of the Mediation Procedure is to resolve the dispute between the spouses in a peaceful manner and to reach an agreement between the spouses regarding the issues that must be regulated during divorce:
- With which parent the child will live
- Time and manner in which the child will see the parent with whom they do not live and maintain contact
- Child support to be paid by the parent with whom the child does not live
If the spouses do not reach an agreement on these matters, the Center for Social Work will make an independent decision in the best interest of the child. In divorce proceedings, the court will usually accept this decision of the Center for Social Work, but the court has the right to make a different decision based on its own assessment.
