Question 28: Upon carrying out the conciliation at the Court in a divorce case, it appears that the spouses’ agreement is contrary to the laws (such as an agreement on valuation of common properties at a low value to reduce the payable amounts of personal income tax and registration fees) or is contrary to social ethics (such as giving child(ren) to someone else to raise while both of the spouses have sufficient economic conditions to raise the children or not consulting with a third party on whether he or she agrees to adopt the child(ren) or not), does a Court approve the content of such agreement? Why so?
In principle, the right to reach an agreement among the litigants is always respected by the laws, except for some specific legal areas such as criminal, administration or civil status. The Law on Marriage and Family as well as the Civil Proceedings Law are not exempted from such principle. In a divorce case, the litigants…