Distinguish between consensual divorce and unilateral divorce in Vietnam

by DungTran

Distinguish between consensual divorce and unilateral divorce in Vietnam? Divorce is the termination of the marriage relationship between husband and wife. Currently, there are two types of divorce: unilateral and consensual. So how are these two forms different and similar? Let us learn about this topic with LSX law firm as follow:

What is the similarity between a consensual and unrequited divorce in Vietnam?

Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.

This is the definition detailed in Clause 14, Article 3 of the Law on Marriage and Family. Thus, a divorce must have a legally effective judgment or decision of the Court to take effect, and the marriage relationship will officially end.

Also from this definition, it can be; seen that the result of a divorce can be an effective judgment or decision issued by the Court. Depending on the results obtained, consider the divorce in any case: Divorce by consent or divorce unilaterally.

As for unilateral divorce, Article 56 of the Law on Marriage and Family stipulates that this is a form of divorce at the request of one party. From these definitions, it can be; seen that the similarities between these two forms of divorce include:

– This is an act to want to end the marriage and family relationship between husband and wife.

– Only when applying to the Court and receiving a document will the divorce be completed and the marriage relationship between husband and wife will be completely terminated.

– General divorce court fees if there is no quota, they are all 300,000 VND. If there is a value, then it is based on the property value (the lowest is 300,000 VND, the highest is 112 million VND + 0.1% of the value of the divorce  asset value exceeds 04 billion dong).

Distinguish between consensual divorce and unilateral divorce in Vietnam?

In addition to the similar characteristics, basically, unilateral divorce and consent divorce are two completely different forms. Some of these features include the following:

Unilateral divorce

  • Firstly, legal grounds: Article 56 of the Law on Marriage and Family
  • Secondly, definition: Unilateral divorce is when one of the spouses requests the Court to terminate the marital relationship when the marriage falls into a serious state, the common life cannot last, the marriage purpose not achieved
  • Thirdly, nature: Civil case
  • Fourthly, divorce petitioner:

– Wife or husband

– Parents, other relatives if one party suffers from mental illness or other diseases that cannot perceive and control their behavior and is a victim of domestic violence caused by the other person.

File:

Procedure for unilateral divorce with foreigner in Vietnam

– Marriage registration

– Identification

– Child’s birth certificate (if any), property papers (if any)…

  • Nex, competent Court: The district-level People’s Court where the person being requested for a unilateral divorce resides or works. If there is a foreign element, it will be done by the People’s Court of the province
  • Furthermore, time: Ranging from 04 – 06 months
  • Lastly, result received: Divorce verdict

A consensual divorce

  • Grounds: Article 55 of the Law on Marriage and Family
  • Definition: An uncontested divorce is when a husband and wife voluntarily divorce and have reached an agreement on property division, child rearing, etc.
  • Nature: Civil case
  • Petitioner for divorce: Both husband and wife request

– Application for consensual divorce

– Marriage registration

– Identification

– Child’s birth certificate (if any), property papers (if any)…

  • Competent Court: District Court of the place of residence of the wife or husband by agreement
  • Time: Ranging from 02 – 03 months, according to the shortened procedure, about 30 days
  • Result: Divorce decision

Contact us

Finally, hope this article about Guide to divorce procedures with foreigners in Vietnam is helpful for you!

In case you have any questions and want an Unilateral divorce service for foreigners with Vietnamese people, don’t hesitate to get in touch with Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

Why should you use the service of writing a unilateral divorce petition at Lawyer X

The most detailed and specific advice on divorce cases.
Receive specific instructions on the follow-up procedure.
Counseling support during the divorce process.

How to get a quick divorce?

Based on practical experience, LSX has learned that:
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.
the service of a divorce lawyer can help you to complete it quickly and without taking much time

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