Divorce & Family Law

Can a Partner Living Overseas for a Long Period Constitute a “Special Circumstance”?

There are indeed such situations:

The other party has been living abroad for many years
It is confirmed that the person is in a certain country
It is even known that the person holds residency rights in that country
However, the exact residential address is unknown
Phone calls cannot be connected
All communication channels have become invalid
Even family members do not know the exact whereabouts

In such circumstances, if one party intends to file for divorce, an application may indeed be made to the court for exemption from mediation.

In legal proceedings, certain situations may allow exemption from mediation or special procedural treatment, one of which is the other party being in prison. However, not all imprisonment cases qualify, as the law sets clear conditions.

Imprisonment as a “Special Circumstance” Condition

The law generally stipulates: imprisonment of five years or more may be considered a valid reason
Short-term imprisonment (e.g. theft or minor offences resulting in less than five years in prison) is generally not sufficient
The determining factor is the legal provision, not personal perception or circumstances

In legal proceedings, domestic violence does not only refer to physical harm; psychological abuse may also be regarded as a “special circumstance.” However, the key issue in law is evidence.

Can Psychological Abuse Be Considered a “Special Circumstance”?
In principle: yes, because psychological abuse can also cause serious stress, anxiety, or depression
However, the court requires objective evidence to support such claims, not merely personal statements or feelings

What Counts as Evidence?

Unlike physical injuries, psychological abuse does not leave visible marks. Common forms of evidence include:
Written records (e.g. WhatsApp, text messages, emails)
Voice records (e.g. voice messages)
Medical or psychological reports (showing mental health impact caused by abuse)
Testimonies or documents from third parties

What is a “Special Circumstance”?

The law does not provide a complete list specifying which situations are definitively considered “special circumstances”
It is a broad and undefined concept Judges exercise discretionary power based on the facts of each individual case
The key issue is whether there are sufficient reasons to show that a certain procedure (e.g. mediation) is not suitable

Does Domestic Violence Count as a “Special Circumstance”?

In principle: yes, it can be considered
Because in situations involving violence or safety risks, compulsory mediation may be unreasonable
It may even cause secondary harm to the victim

When applying to the court for exemption from mediation, valid and sufficient reasons must be provided—especially when the law ordinarily requires mediation first.

“Special circumstances” is a broad legal concept, assessed based on the facts of each case.

The law provides some clearer examples:

The other party is serving a prison sentence exceeding five years
The other party suffers from serious mental illness and cannot participate in legal proceedings
The other party is missing and cannot be located
The other party has been abroad for a prolonged period and is unlikely to return in the foreseeable future

These situations are generally accepted as valid grounds, as mediation becomes impractical or impossible.

Many people worry:
If the other party refuses to attend mediation, does that mean divorce becomes impossible?

The answer is: No.

If you initiate mediation and the other party repeatedly fails to attend, the relevant authority will issue a Sijil confirming their absence.

This document is crucial because it can be used to apply to the court for exemption from mediation.

In other words, the delay is not due to your non-cooperation, but the other party’s absence. In such cases, you may apply to bypass mediation and proceed directly with unilateral divorce.

Many people further ask:
“How are the three sessions counted? Is it once per month? Can it be completed in three consecutive days?”

There is often misunderstanding about this.

These sessions are not freely scheduled nor designed to be completed in a short period. They are not merely procedural steps to be rushed through.

Generally, each session is conducted separately, and each has its own procedural purpose.

The reason multiple sessions are required is that the process is fundamentally mediation, not a quick administrative procedure.

Many people ask:
“Do I have to attend JPN three times before I can proceed with a unilateral divorce?”

The answer is: not necessarily.

There is a common belief that three visits are mandatory, but in practice, not every case follows the same pattern.

Is Three Attendance Sessions Mandatory?

In unilateral divorce cases, the applicant usually needs to initiate mediation at JPN.

However, there is no strict rule requiring exactly three sessions.

Many people ask: if they want to get a divorce, is the entire process very complicated?

Some have heard that at least three visits to JPN are required, which leads to concerns about whether the process is troublesome and time-consuming. In reality, this statement does not apply to all divorce situations.

The key lies in one question—is it a mutual divorce, or a unilateral divorce?

I. Mutual Divorce

If both parties agree to the divorce, the process is not as complicated as many تصور, and there is no need to go through JPN mediation.

Recently, we have received many inquiries regarding the “Marriage Tribunal (JPN)” and “exemption from mediation.” Many people assume that once divorce is involved, the process must be complicated, and some have even heard that “you must go to JPN at least three times to divorce.”

In fact, this understanding is not entirely accurate. This article clarifies the key points: when is it necessary to go to JPN, what is an exemption, and how should it be handled?