Divorce is the termination of the marriage relationship of husband and wife according to a decision or judgment of the Court. Documents required for divorce in Vietnam. Let us learn about this topic with LSX law firm as follow:
Currently, there are two types of divorce: unilateral divorce and consensual divorce. In particular, according to the provisions of the Law on Marriage and Family, these two forms of divorce have the following characteristics:
- Divorce by consent: This is when the husband and wife have agreed to end their legal marriage relationship.
Besides, other issues such as property division, custody, rearing, and child care are also agreed upon by the husband and wife, then the Court will recognize this agreement. If the agreement does not guarantee the interests of the wife and children, the Court will resolve the divorce (according to Article 55 of the Law on Marriage and Family).
- Divorce unilaterally (or defined as a divorce at the request of one party): This is a case where only one party feels unable to live with the other, the marriage purpose between the two is not achieved. then they will ask the Court to settle the divorce (according to Article 56 of the Law on Marriage and Family).
In particular, the reasons why the Court will accept a divorce from a spouse is that there must be grounds for domestic violence or that the husband or wife has seriously violated rights and obligations…
Documents required for divorce in Vietnam
Accordingly, because of the different nature and purposes of these two forms of divorce, the documents to prepare in each case are not the same. Quick divorce procedure without mediation in Vietnam. Specifically:
Documents required for consensual divorce in Vietnam
In particular, Clause 3, Article 362 of the 2015 Civil Procedure Code states:
Enclosed with the petition, the requester must send documents and evidences to prove that his/her request is; grounded and lawful.
Therefore, husband and wife must prepare the following documents for an amicable divorce:
- Divorce application (in the form – handwritten or typed or purchased at the Court).
- Marriage certificate (original).
- Identity card/Citizen identity card/valid passport of husband and wife and household registration book (certified copy).
- Birth certificates of all common children (if any – certified copies).
- Proof of ownership of common property (if any – certified copy).
Documents required for unilateral divorce in Vietnam
For a unilateral divorce, the spouses need to prepare the following papers and documents:
- Divorce application (form-based – can be handwritten, typed or purchased at the Court).
- Marriage certificate (original).
- Identity card/Citizen identity card/valid passport of husband and wife and household registration book (certified copy).
- Birth certificates of all common children (if any – certified copies).
- Proof of ownership of common property (if any – certified copy).
- Papers and documents proving that the unilateral divorce request is; grounded: Evidence that the spouses have committed adultery, committed acts of domestic violence, seriously violated the rights and interests of the spouses…
Note: If one of the above documents is missing, the following documents can be used to submit instead:
- Marriage registration certificate: Apply for a copy of the marriage registration or re-registration.
- Identity card/Citizen identity card/passport: Submit another identity document instead. Because according to regulations, only need to submit in the above documents. If not, you can submit a photo ID instead…
Unilateral divorce procedure with Japanese people. It can be seen that the difference between the documents to be; submitted for a consensual divorce and a divorce is the divorce form, the content recorded in the divorce application and the evidence that the marriage is serious and the cohabitation cannot last , the purpose of marriage is; not achieved. The other relevant documents are basically the same.
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Related questions
When performing a divorce by consent, the husband and wife will have to use the application to request the Court to settle the civil matter. In which, according to Clause 2, Article 362 of the 2015 Civil Procedure Code, the contents of this application must include:
Date, month and year of application.
Name of the Court dealing with the divorce.
Also, name and address; phone number, fax, email address (if any) of the requester; relevant person.
Specific issues, reasons, purposes and grounds of the divorce request.
Also, signature (pointer) of the requester.
Pursuant to Clause 4, Article 189 of the 2015 Civil Procedure Code, a lawsuit petition must contain the following contents:
Date, month, year of filing for divorce unilaterally.
Name of the Court receiving the divorce petition.
Name, place of residence and work of the divorce petitioner, the person being requested for divorce; persons with related rights and interests.
Unilateral divorce request, surrounding issues related.
List of documents and evidence attached.
Conclusion: So the above is Documents required for divorce in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
