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Can husband and wife do online divorce procedures?

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Besides Online marriage registration procedures in Vietnam, can husband and wife do online divorce procedures? Many other procedures, people can do it online to save time, trouble as well as reduce administrative procedures. So is the divorce procedure one of the procedures done online? Let us learn about this topic with LSX law firm as follow:

Can husband and wife do online divorce procedures?

At present, there are two types of divorce: mutual consent divorce and unilateral divorce. Corresponding to each form, husband and wife must file a consent divorce petition and a unilateral divorce petition.

Contrary to consensual divorce, in a unilateral divorce, one spouse is the one who submits the request for divorce. Accordingly, the parties often have disputes over child rearing, division of common property between husband and wife, etc. Therefore, if one of the two parties wants to unilaterally divorce, they must file a lawsuit.

According to the provisions of Clause 1, Article 190 and Clause 1, Article 363 of the Civil Procedure Code 2015; whether a divorce is; unilateral or consensual, it can be filed with the Court in the following forms:

– Send directly to the Court.

– Submit to the Court by post.

– Submit online through the Court’s Portal (if any).

Thus, if the Court has an e-portal, the husband and wife can apply online. According to Clause 1, Article 16 of Resolution 04/2016/NQ-HDTP; the petitioner must access the Court’s web portal and complete the contents of the petition; sign it electronically and send it to the Court.

At the same time, Clause 1, Article 12 of Resolution 04 states:

The Supreme People’s Court shall announce on the Portal of the Supreme People’s Court the list of courts; that conduct electronic transactions in civil and administrative proceedings.

Thus, it can be seen that, if the Court conducts an electronic transaction; and is notified by the Supreme People’s Court on the Portal, the husband and wife can file for divorce online.

Divorce is not authorized to another person?

Although the application can be submitted online; according to the provisions of Clause 4, Article 85 of the 2015 Civil Procedure Code, with a divorce; the involved parties are; not allowed to authorize another person to participate in the proceedings on their behalf.

What is a fake divorce? What are the consequences of fake divorce? There is only one case under Article 51 of the Law on Marriage and Family; when a husband or wife suffers from a mental illness; or another disease that is not aware of or controls their behavior and is a victim of domestic violence; caused by the other partner, seriously affecting life, health, or spirit, , mother or relative will be the representative.

Thus, in divorce cases, husbands and wives are; not allowed to authorize others; to participate in the proceedings (participating in mediation sessions, consensual divorce sessions or unilateral divorce hearings).

However, it must also be; added that the law only prohibits authorizing others to participate in the proceedings but does not hold authorization in other cases during the divorce process.

Therefore, husband and wife can completely authorize another person to write divorce papers, file divorce papers, pay court fees and fees, receive court notices, etc.

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Related questions

Why spouses have to register marriage?

Thus marriage registration is a legal procedure, the basis for the law to protect the rights and obligations of each person.

Where to apply for marriage registration?

In general, spouses shall submit a dossier of marriage registration documents directly at the Justice Department; in which the marriage is registered in Vietnam.

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