How is the procedure for withdrawing the divorce petition? When a husband and wife want to end their marriage relationship; they must file a petition with the Court to request a divorce. Let us learn about this topic with LSX law firm as follow:
In what cases does the marriage really end?
Clause 14, Article 3 of the Law on Marriage and Family 2014 states:
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
At the same time, regarding the time of termination of the marriage relationship; Clause 1, Article 57 of the Law on Marriage and Family also affirms the following:
The marriage relationship terminates from the date on which the court’s divorce judgment or decision takes legal effect.
Thus, only if the husband and wife have submitted an application to the Court to settle the divorce; and the Court issues a judgment; After deciding to divorce; the husband and wife will be considered really divorced at the time when the divorce judgment or decision takes effect. Difficulty in carrying out unilateral divorce procedures in Vietnam.
At what time can the divorce file be withdrawn?
Rights and obligations of husband and wife when requesting divorce (whether amicably or unilaterally); according to Clause 4, Article 70 of the Civil Procedure Code; husband and wife have the right to change or withdraw their divorce request. According to Clause 2, Article 5 of the Civil Procedure Code; during the settlement of a divorce request, a husband and wife have the right to terminate or change their request. Can spouse reapply for the divorce petition after withdrawing it?
Therefore, depending on the stage of the divorce, the time to withdraw the application is prescribed as follows:
– When the Court has not accepted: Pursuant to Article 363, Article 191 of the Civil Procedure Code; there will usually be a period of about 08 working days before the Court accepts the divorce settlement. Therefore, before the Court accepts, the husband and wife have the right to withdraw the divorce petition. At that time, the Court will return the divorce petition.
– When the Court has accepted the divorce:
+ Before opening the court session, the session: This is the stage of preparing for trial or preparing to consider the application. If the spouse withdraws the request for divorce, the Court will suspend and return the divorce petition (Based on Point c, Clause 1, Article 217 and Point c, Clause 2, Article 366 of the Civil Procedure Code).
+ During the court hearing, the meeting takes place: Pursuant to Clause 2, Article 244 of the Civil Procedure Code; if the spouse voluntarily withdraws the divorce request, the Trial Panel will suspend the trial with the part of the withdrawn request.
How is the procedure for withdrawing the divorce petition?
Step 1: When you want to withdraw the divorce petition, the couple needs to make a request to withdraw the divorce petition.
Step 2: Pursuant to Point c, Clause 2, Article 366 of the Civil Procedure Code, after accepting the husband and wife’s request to withdraw the consenting divorce petition, the Court will return the consent divorce petition along with documents. accompanying evidence.
Particularly in the unilateral divorce case, according to Clause 3, Article 217 of the Civil Procedure Code, if the husband or wife requests to withdraw the unilateral divorce petition, the Court will delete the name of that case and return the simple divorce petition. methods, documents and evidences, if required.
At the same time, the Court will also copy and save it as a basis for settling complaints and petitions upon request.
Thus, only in the event of a unilateral divorce, the parties need to request the Court to return the unilateral divorce petition and accompanying documents and evidences. Otherwise, the Court only deletes the name of that case in the acceptance book.
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Related questions
According to Clause 2, Article 144 of the Civil Procedure Code; court fee and fee advances shall be paid to a competent judgment enforcement agency to be deposited in a custody account opened at the State Treasury and withdrawn. to execute the judgment according to the court’s decision.
Therefore, the involved parties shall pay the court fee and court fee advances at the competent judgment enforcement agency immediately after receiving the court’s notice.
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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