How long does it take to resolve a divorce in Vietnam? And How many times do you agree to divorce and reconcile in Vietnam? Let us learn about this topic with LSX law firm as follow:
How many times do you agree to divorce and reconcile in Vietnam?
Consensual divorce is the settlement of the termination of the marital relationship; when both husband and wife voluntarily divorce, agree to share property, look after, nurture, care for and educate children, etc. 55 Law on Marriage and Family.
However, during the divorce settlement; the Court still has to conduct conciliation after accepting the divorce petitions of the parties (according to Article 54 of the Law on Marriage and Family).
The current legal documents do not specify the number of times of conciliation by the Court when the husband and wife divorce by consent. Article 397 of the Civil Procedure Code also only stipulates that; based on the results of conciliation, to settle an amicable divorce as follows:
– Successful conciliation: The husband and wife reunite, the judge will issue a decision to suspend the settlement of the divorce request.
– Failed conciliation: The judge issues a decision to recognize the consent of the divorce; and the agreement of the parties when the two people really voluntarily divorce; have reached an agreement on the division of common property; taking care of children and fully ensuring the legitimate interests of the wife and children.
In fact, the Court will summon husband and wife twice for reconciliation.
– At the first convocation, if one party is absent; the court hearing will be adjourned unless there is a written request for absenteeism; if both parties are absent, the Court will terminate the agreement on divorce.
– At the second summons, if one party is absent; the Court will bring to trial if the other party still requests a divorce…
Because the law does not have a specific regulation on the number of mediation times at the Court in an uncontested divorce, for more specific instructions with your question, you can contact
How long does it take to file a divorce petition?.
After the husband and wife file a divorce petition by consent; within 03 working days from the date of receipt of the application and enclosed documents and evidences; the chief justice of the court shall assign a judge to settle it.
If the petition for divorce is incomplete (date, month, year of application; name of the competent court; specific issues to be resolved by the court, etc.); within 07 days from the date of receipt of the request; husband and wife will be required by the Judge to amend and supplement. Conditions and procedures for consent to divorce in Vietnam?
After accepting the petition, the Court must notify the involved parties within 03 working days; from the date of acceptance of the petition for consent (based on Clause 1, Article 365 of the 2015 Civil Procedure Code). If still not done, the Judge can return the consent divorce petition.
At the same time, according to Clause 4, Article 363 of the Civil Procedure Code; If the husband and wife’s application is found to be eligible; it will notify the spouse to pay the fee within 05 working days from the date of receipt of the notice.
If the spouse is exempted or not required to pay the fee, the judge shall accept it immediately from the date of receipt of the petition for divorce.
Thus, based on these regulations; it can be seen that the time for the Judge to accept a consent divorce application only ranges from 3 to 10 days and the notice to pay the settlement fee is within the next 5 days.
How long does it take to resolve a divorce in Vietnam?
As analyzed above, the maximum time for the Court to notify the acceptance of the settlement of the request for an amicable divorce is 10 days. Then, within 5 days, the husband and wife pay the divorce fee at the Court.
Then, according to Clause 1, Article 366 of the Civil Procedure Code, the time to prepare to consider the petition is 01 month from the date the Court accepts the petition.
During this time, the Court will perform the following tasks:
– Request the involved parties to supplement documents and evidences.
– Summon witnesses, appraise, appraise property…
– Open a mediation session.
– Open a meeting to resolve the amicable divorce.
If there are complicated circumstances, the time limit for preparation for consideration of the petition may be extended but must not exceed 01 month. And after issuing the decision to open the meeting, the Court must open the meeting within 15 days. Court fees and fees for divorce in Vietnam.
Therefore, an amicable divorce can last from 2 to 3 months depending on each case. However, this is only a provision of the law. In fact, if there are force majeure issues, other objective events… then the consensual divorce may take longer.
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Related questions
According to the provisions of Clause 1, Article 212 of the Civil Procedure Code 2015, from the date of making the minutes of successful conciliation, if the husband and wife do not change their opinions on the consent divorce, after 07 days, the judge will issue a decision. decided to recognize the agreement of husband and wife.
Within 05 working days from the date of issuing the decision to recognize the agreement of the involved parties, the court must send that decision to the spouse and the same-level procuracies.
Consensual divorce is when husband and wife jointly request a divorce; voluntarily divorce and other issues such as property division, childcare, etc. have been agreed upon.
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