So, How are the latest procedures for consensual divorce with Vietnamese people done? Let’s find out in this article with LSX Law firm.
Legal Ground
- Law on Marriage and Family 2014;
- Civil Procedure Code 2015
What is a consensual divorce?
Clause 14, Article 3 of the Law on Marriage and Family 2014 (Law on Marriage and Family) clearly states that “Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.” In which, the wife, husband or both have the right to request the Court to settle the divorce:
- Only the husband or wife requests the divorce (unilateral divorce);
- Both spouses request the divorce ( consensual divorce)
Thus, a consensual divorce is a divorce with the consent of both husband and wife.
Conditions for carrying out Procedures for consensual divorce with Vietnamese people
According to article 55 of the Law on Marriage and Family, The conditions for the Court to recognize the consent of both spouses for divorce must meet three factors:
- Husband and wife voluntarily divorce and sign the divorce petition;
- Having agreed on the child custodian and child support rate. This agreement must ensure the interests of the parties and for the child.
- The issue of property division has been reached, or the agreement has not been reached but has not requested the Court to settle the property separately. In case the husband and wife have reached an agreement on the property issue and wish to be recognized by the Court, they can write in an application to request the Court to recognize this agreement.
However, In many cases, the parties can’t agree on all of the three factors above. At that time, the law will determine that the divorce is unilateral.
Which court is competent to handle Procedures for consensual divorce with Vietnamese people?
A divorce is a consensual divorce because both husband and wife agree to each other. Therefore, on the place of filing the two sides can also be negotiable. At the same time, according to the provisions of Article 55 of the Law on Marriage and Family, two people can agree to go to the Court where the wife or husband resides to carry out the procedures. And the Court with jurisdiction is the district-level People’s Court (Article 35 Civil Procedure Code 2015). Therefore, if the husband and wife both agree to divorce, they can agree to file the dossier at the district-level People’s Court where the wife or husband or both husband and wife reside.
The dossier required for consensual divorce with Vietnamese people
Stipulated in Clause 2, Article 29 of the civil procedure Code 2015, request for recognition of Divorce, child custody agreement, property division upon divorce are civil matters. Therefore, the couple must prepare the following papers and documents:
- An application for a consensual divorce (according to the form);
- Marriage registration certificate (original);
- ID card or passport (notarized copy) of the couple
- Household book (notarized copy) of the couple
- Children’s birth certificate (notarized copy)
- Documents and documents on rights property ownership (notarized copy) (if requested by the Court to divide property)
So, Husband and wife jointly requesting the Court to recognize the consent of the divorce, agreement on child-rearing, and division of property upon divorce must co-sign the petition. In this case, both husband and wife are identified as the petitioner.
Procedures for consensual divorce with Vietnamese people
Step 1: Submit application Where to file: District People’s Court where the spouses reside or work.
Step 2: Receive the file and accept the settlement
- After receiving the lawsuit petition and valid court documents within 05 working days, the Court examines the application and issues a notice to pay the advance court fee.
- You pay the first-instance civil advance court fee at the district judgment enforcement sub-department. Then return the receipt to the Court.
- Within 15 working days, the Court will open a conciliation session.
Step 3: Return the results Within 07 days from the date of unsuccessful conciliation (without changing the divorce decision) if the parties do not change their opinions, the Court issues a decision to recognize the consensual divorce with Vietnamese.
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