Conditions and procedures for consent to divorce in Vietnam. Dossier to request recognition of an amicable divorce? Let us learn about this topic with LSX law firm as follow:
Conditions for proceeding with the procedure of consent to divorce in Vietnam
Consent to divorce is specified in Article 55 of the Law on Marriage and Family 2014:
In case husband and wife jointly request divorce; If deeming that the two parties really voluntarily divorce and have agreed on the division of property; the care, rearing, care and education of the children on the basis of ensuring the legitimate interests of the wife and children; the Court shall recognition of consensual divorce; if an agreement cannot be; reached or an agreement is; reached but the legitimate interests of the wife and children are; not guaranteed, the court shall settle the divorce.
Accordingly, in order to be determined to be an amicable divorce, the following conditions must be met:
– Firstly, both parties really voluntarily divorce;
– Secondly, the two parties have agreed on the division of assets;
– Thirdly, the two parties have agreed on the care, rearing, care and education of their children on the basis of ensuring the legitimate interests of the wife and children.
Divorce by consent, Spouse has to go to Court for reconciliation or not? At the same time, in the Civil Procedure Code 2015, specifically Clause 2, Article 29, the request for recognition of consent for divorce, agreement on child rearing, and division of property upon divorce is; determined to be a civil matter and belongs to the Government. jurisdiction of the Court.
Procedures for consent to divorce in Vietnam
Documents required for divorce in Vietnam. Procedures for settling civil matters, including recognition of consensual divorce, are; prescribed in Chapter XXIII (from Articles 361 to 375) of the 2015 Civil Procedure Code. Accordingly, this procedure includes the following steps:
Step 1: Submit a request for recognition of consent to divorce at the district-level People’s Court where the spouse resides or works in Vietnam
Dossier to request recognition of an amicable divorce in Vietnam
– Firstly, application for recognition of consent to divorce (made according to the form issued together with Resolution 01/2017/NQ-HDTP);
– Secondly, marriage registration certificate (original);
– Thirdly, household registration book (certified copy);
– Moreover, ID card/passport (certified copy);
– In addition, Child’s birth certificate (copy);
– Finally, other documents and evidences evidencing common property.
Note: Dossier can be filed directly at the Court or sent by post.
Step 2: Pay the fee and accept the case about consent to divorce
Within 03 working days from the date of receipt of the petition and enclosed documents and evidences, the chief justice of the court shall assign a judge to settle. In case the petition and accompanying documents and evidences are; deemed to be fully; accepted for acceptance, the assigned judge will issue a notice on the payment of the fee for requesting civil matter settlement. The time limit for paying this fee is 05 working days from the date of receiving the notice.
The application is accepted when the petitioner submits to the Court a receipt for the collection of the fee.
Within 03 working days from the date of acceptance of the petition, the Court shall notify in writing the petitioner and the person with interests and obligations related to the settlement of the request for recognition of an uncontested divorce. , to the Procuracy of the same level on the acceptance of the petition.
Step 3: The court prepares to consider the petition and open a public meeting to resolve the request for recognition of the consent to divorce.
The time limit for preparing and considering the petition is 01 month from the date of acceptance. During this preparation period, the Court must issue a decision to open a resolution session and conduct the meeting within 15 days from the date of issuance of the decision.
Step 4: The court issues a decision to recognize the consent of the divorce.
The marriage relationship terminates from the date the decision on recognition of consent to divorce takes legal effect.
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Related questions
Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court. Divorce is done at the request of one party (unilateral divorce); or agreed upon and signed by both spouses (consenting divorce).
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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