أثر الطلاق اللفظي على إجراء الصلح بين الزوجين

الملخص EN

The legislator has made divorce dependent on reconciliation sessions held by the judge for reconciliation between the spouses, and these sessions may succeed or fail.

If successful, the husband can return his wife without the need to conclude a new contract.

However, if the sessions fail, the judge issues a divorce ruling, without the legislator paying attention in both cases to the date of the divorce utterance outside the court; the husband may have divorced his wife long before the filing of the case, during which the legal waiting period (`iddah) ends whereas if the reconciliation is successful and the waiting period has passed, considering that the husband pronounced the divorce before the reconciliation session for a period exceeding the waiting period, the divorcing husband, contrary to what the legislator has stated, can return his divorced spouse without a new contract.

In addition, if the reconciliation fails, the judge's ruling on divorce must be linked to the date the husband's divorce utterance.

Therefore, the legislator had to refer to the legal disposition 439 of the Civil Procedure Act, as well as amend articles 49 and 50 of the Family Code addressing legal waiting period (`iddah).