Can spouse reapply for the divorce petition after withdrawing it? When you have filed for divorce and then want to get back together, you can withdraw the divorce petition. Let us learn about this topic with LSX law firm as follow:
Can spouse withdraw the divorce petition?
According to Article 5 of the 2015 Civil Procedure Code, in the process of settling the divorce petition; the involved parties have the right to terminate, change the request or reach an agreement with each other.
In which, according to the provisions of Article 68 of the 2015 Civil Procedure Code; involved parties can be plaintiffs, defendants, persons with related interests and obligations in civil cases; A person who requests the settlement of a civil matter; and a person with related interests and obligations in a civil case.
Spouse consent to divorce:
Conditions and procedures for consent to divorce in Vietnam. Consent to divorce is when husband and wife come to an agreement on the termination of their marital relationship; and request the Court to recognize this agreement. At this time, according to the provisions of Article 54 of the Law on Marriage and Family 2014; after accepting the divorce petition, the Court conducts conciliation.
If the mediation results in the reunification of husband and wife; the two parties mutually agree to withdraw the petition for divorce and the Court will suspend the settlement.
If the conciliation fails, the judge will issue a decision to recognize the consent of the divorce.
Spouse unilateral divorce:
According to the provisions of Article 217 of the Civil Procedure Code 2015:
When the plaintiff withdraws the entire lawsuit claim, the Court will proceed to suspend the civil case.
At this time, the Court deletes the name of the case in the acceptance book; returns the petition, documents and evidence attached. Courts must make copies and save them as a basis for settling complaints and petitions upon request.
In addition, while the trial is in progress, the plaintiff will be; asked whether to change, supplement, or withdraw part or all of the divorce claim.
At this time, if the withdrawal of the petition for divorce and deems that the withdrawal is voluntary; the Trial Panel will accept and terminate the trial.
Thus, in a unilateral divorce case, the person who has the right to withdraw the application will be the petitioner – the person who submits the unilateral divorce application.
Can spouse reapply for the divorce petition after withdrawing it?
In principle, if a matter has been; settled by a legally effective judgment or decision of the Court; or an effective decision of a competent state agency, the Court will not be allowed to file a lawsuit again.
Procedure to apply for a certificate of marital status in Vietnam. According to the provisions of Clause 3, Article 192 of the 2015 Civil Procedure Code; the involved parties have the right to re-file a lawsuit when they want to request a divorce but the Court has not previously accepted the request.
Accordingly, when the Court has not accepted the divorce request, it is still possible to file for a second divorce.
In addition, if the Court has not accepted the case but withdraws the divorce petition; based on the parties’ self-determination rights as stated in Article 5 of the 2015 Civil Procedure Law; they still have the right to file a second application.
However, it should be noted that according to the provisions of Resolution 02/2000/ND-HDTP; the person whose petition for divorce has been rejected by the Court when not yet fully qualified to request a divorce must be after 01 year. From the date the Court’s judgment or decision takes legal effect, this person may re-file the divorce petition.
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Related questions
According to Clause 2, Article 144 of the Civil Procedure Code; court fee and fee advances shall be paid to a competent judgment enforcement agency to be deposited in a custody account opened at the State Treasury and withdrawn. to execute the judgment according to the court’s decision.
Therefore, the involved parties shall pay the court fee and court fee advances at the competent judgment enforcement agency immediately after receiving the court’s notice.
Consent to divorce is the fact that both husband and wife feel that their marriage life is at an impasse, cannot continue, and cannot achieve the original marriage purpose
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