Difficulty in carrying out unilateral divorce procedures in Vietnam. What is the unilateral divorce procedure in Vietnam? Let us learn about this topic with LSX law firm as follow:
What is the unilateral divorce procedure in Vietnam?
According to the provisions of the Law on Marriage and Family 2014: Unilateral divorce is a divorce case at the request of one spouse who wants to get a divorce; if there are grounds that the husband or wife commits acts of domestic violence; or seriously violates the rights and obligations of husband and wife; causing the marriage to fall into serious condition, the common life cannot be; prolonged, of unattainable marriage.
Unilateral divorce is essentially a civil case, resolving disputes related to all or one of the following issues: Spousal relationship, child custody, child support, division of common property, joint debt settlement …. Unilateral divorce ends with a valid judgment of the Court.
The unilateral divorce procedure or the unilateral divorce application procedure can be; understood as the order and process of unilateral divorce, the documents to be; prepared, the steps to be taken in a unilateral divorce from the standard. filing, filing, and court proceedings.
Difficulty in carrying out unilateral divorce procedures in Vietnam
Some of the common difficulties encountered when conducting and implementing unilateral divorce procedures can be; mentioned as:
Difficulties in documents when carrying out unilateral divorce procedures: Unilateral divorce documents are; often quite complicated and the party who wants to divorce not only provides documents about his identity but also needs to provide documents identity of the other spouse. When the other spouse does not agree to divorce; it is extremely difficult to ask them to assist in providing documents to complete the unilateral divorce file. Moreover, the Court only accepts and handles unilateral divorce documents that have enough papers. Some cases spouse can not unilaterally divorce in Vietnam.
Difficulties in the jurisdiction when carrying out unilateral divorce procedures: Currently, the law stipulates that a unilateral divorce must be; resolved at the defendant’s place of residence. Therefore, if the parties are; separated and have a far away place of residence, the applicant will spend a lot of time traveling to work directly at the court; in many cases to avoid divorce the other spouse has left the place of residence; even cut off contact or often moved places to live so that the plaintiff could not find the address and sue, causing the case to not continue to be; resolved.
Common procedural difficulties when carrying out unilateral divorce procedures: The law stipulates that conciliation is mandatory in unilateral divorce proceedings; but conciliation that takes place many times will take a lot of time for the parties. In addition to the mediation sessions depending on the requirements of each couple, the unilateral divorce procedure may require additional activities such as appraisal of property prices, consultation of children, etc., and each additional step.
Is the order and procedures for unilateral divorce easy in Vietnam?
Order and procedures for Unilateral Divorce without property disputes. Step 1: Prepare and submit documents: Spouses must prepare unilateral divorce documents including what is mentioned above. In addition, if there is evidence to prove that the husband or wife commits acts of domestic violence, fails to fulfill obligations, etc., it must also be provided to the Court.
Step 2: Submit the application file for unilateral divorce at the competent authority. Specifically, in the case of a unilateral divorce; the involved parties shall file an application with the district-level People’s Court where the person requested for a unilateral divorce resides or works. If the unilateral divorce procedure has foreign elements or the unilateral divorce procedure when the husband is abroad; it will be carried out by the People’s Court of the province.
Step 3: Receive, review the file and accept the case:
Step 4: Participate in the handover session; access documents and evidence
Step 5: Conduct conciliation: The conciliation procedure at the Court is a mandatory procedure; before bringing the case to trial, except for the cases that cannot be conciliated; or cannot conduct conciliation or the case is resolved according to the law. abbreviated procedure.
If the conciliation is successful: The Court makes a record of successful conciliation and after 07 days if the involved parties do not change their opinions; the Court shall issue a decision to recognize the successful conciliation; and this decision takes effect immediately and is not subject to appeal.
If the conciliation fails: The court must also make a record of unsuccessful conciliation; and then issue a decision to bring the case to trial.
Step 6: Open the unilateral divorce trial:
Step 7: Issue a unilateral divorce judgment
Finally, hope this article about The cases spouse can not unilateral divorce in Vietnam is helpful for you!
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Firstly, a high degree of agreement and consensus must be reached between husband and wife on all issues: Children, property, common debt, feelings… and proceed with a consensual divorce
Secondly, find and choose the right Court to accept the divorce, find out the templates, characteristic of the court to avoid confusion.
Thirdly, prepare components records (including notarization and authentication) to perfection, to avoid mistakes and Finally, the court issuing an additional notice.
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