Divorce without common property, how much is the court fee in Vietnam? Let us learn about this topic with LSX law firm as follow:
Question: My wife and I are about to divorce, but because we both have no assets; we only have a 1-year-old baby this year. So let me ask, in my case, should I divorce unilaterally or consent? If there is no property, how much will the court fee be? How do I apply?
Divorce form in Vietnam
According to your presentation, you and your wife have not yet decided what the form of divorce is; but the husband and wife just want to resolve the divorce – terminate the husband and wife relationship; without asking for the division of common property.
What is a divorce? What is the common cause of divorce in Vietnam? Pursuant to Articles 55 and 56 of the Law on Marriage and Family 2014; there are two types of divorce: unilateral divorce and consensual divorce. In there:
– Unilateral divorce , also known as divorce at the request of one party; is a divorce that the husband and wife have failed to reconcile at the Court; and there are grounds for the fact that the husband and wife commit acts of domestic violence; or violate the rights and obligations of the husband and wife, making the marriage life impossible.
– Consensual divorce is when husband and wife jointly request a divorce; voluntarily divorce and other issues such as property division, childcare, etc. have been agreed upon.
It can be seen that the consensual divorce; or unilateral divorce is fundamentally different only in the person requesting the divorce and the nature of the divorce:
– Divorce petitioner: Unilateral divorce is requested by one of the spouses, and consensual divorce is due to both spouses’ consent.
– Nature: Unilateral divorce is when one of the two is at fault that makes the marriage impossible to last; while a consensual divorce is when both husband and wife voluntarily divorce; after reaching an agreement on surrounding issues. the marriage.
Because you did not specify, in my case, you want a divorce or both husband and wife want a divorce; so it is not possible to confirm which form you should choose. Based on the actual situation and the analysis above, hope you find the right form for you.
Divorce without common property, how much is the court fee in Vietnam?
The issue of divorce court fees is specified in Resolution 326/2016. Specifically:
– Court fees in unilateral divorce cases: Calculated in two forms: quota (with division of property) and no value (no division of property, only termination of marital relations …)
– Fees in consensual divorce: is the fee that the husband and wife must pay when requesting for a consensual divorce.
Pursuant to Article 24 of Resolution 326, if only requesting the Court to terminate the marital relationship without requesting property division, whether the divorce is consensual or unilateral, the husband and wife will only lose court costs. Court fee is 300,000 VND.
Particularly for high value cases (with division of common property between husband and wife), the court fee will be based on the value of that property with a minimum of 5% of the property’s value; the highest level is 112 million VND and 0.1% of the asset value exceeds 04 billion VND.
Thus, if you divorce but have no common property, the court fee you will have to bear is only 300,000 VND, whether you choose to divorce unilaterally or by consent.
How to apply for divorce without common property in Vietnam?
Documents required for divorce in Vietnam. Many people divorce when there is no common property or do not ask the Court to divide the common property, which is quite common. Therefore, to apply for a divorce without common property, couples can use the forms below:
– Using the common form used for consensual divorce (if both husband and wife consent to the divorce): In this case, the part of requesting the Court to settle, the husband and wife only need to state their request to terminate the marriage relationship.
– Using the common form used for unilateral divorce (if either party has a unilateral divorce request): Regarding the request for the Court to settle the property, the spouse can leave blank or write “no request”.
Finally, hope this article about Divorce without common property, how much is the court fee in Vietnam? is helpful for you!
According to the above definition of divorce; it can be seen that the result of a divorce consists of one of two types of documents: a divorce decision; and a legally effective divorce judgment.
In particular, according to the 2015 Civil Procedure Code; a decision is a result when the Court settles a civil case, and the judgment is the result when the Court settles a civil case.
At the same time, according to Articles 55 and 56 of the Law on Marriage and Family; there are two types of divorce including consent divorce and unilateral divorce.
In fact, there are many reasons leading to divorce between couples today in Vietnam. However, there are 2 of the following reasons; that are common among couples in Vietnam and are also easily accepted and resolved by the Court: Divorce due to adultery and Divorce due to domestic violence.