Time to resolve a consensual divorce is a problem that many couples worry about when they need a divorce. How long is the process of consensual divorce with Vietnamese? Let’s find out in this article with LSX Law firm
- Law on Marriage and Family 2014;
General provisions on consensual divorce
Consensual divorce is a case of divorce at the request of both husband and wife. Both have agreed on the issues of husband and wife relationship; child custody and support rights; property division (or agree to separate the request for division of marital property into another case).
According to the provisions of Article 54 of the Law on Marriage and Family 2014, consent to the divorce is when husband and wife jointly request a divorce. Request to proceed after reaching agreement on property division; look after, nurture, and support children.
How long is the process of consensual divorce with Vietnamese?
In order to ensure the consent procedure for a divorce, there must be all the necessary documents.
- The two parties really voluntarily divorce;
- The two parties have reached an agreement on the division or non-division of the property; the care, rearing, care and education of children;
- The agreement of the two parties on assets and children in each specific case. This is to ensure the legitimate interests of the wife and children.
- For the case where the parties only dispute one of the issues of property, child rearing, affection, etc. the Court will resolve the dispute according to the general procedures for unilateral divorce.
In case the conciliation at court lacks one of the above conditions, the court shall make a record of the unsuccessful reconciliation. In which, clearly state the issues that the two parties cannot agree.
Timelines of the process of consensual divorce with Vietnamese:
- Within 05 – 08 days from the date of receiving the application for recognition of consent for divorce, the Court must accept the case and notify the involved parties to pay the court fee advance.
- In about 15 days, the court will summon the husband and wife to the Court for reconciliation (the mediation procedure is at least 3 times and about 15 days the court will call for mediation once).
- Within 15 (fifteen) days, if the Court is unsuccessful in conciliation, deems that the two parties are really willing to divorce and have agreed on property division, custody, nurturing, care and education. children, the Court shall recognize the agreement on divorce and the agreement on property and child rearing on the basis of ensuring the legitimate interests of the wife and children; if an agreement cannot be reached or, although there is an agreement, the legitimate interests of the wife and children are not guaranteed, the court shall decide.
- Within 07 days from the date of unsuccessful conciliation, if the two involved parties do not change the content of their request for recognition of uncontested divorce, the Court shall issue a decision on recognition of consensual divorce.
- Within 15 days, the Court must hold a meeting to resolve the civil matter from the date of issuance of the decision.
Thus, the time to settle the divorce agreement is only about 2-3 months. This time is much faster than unilateral divorce.
Court fee for a consent divorce: According to the law, it is 300,000 VND.
If it is related to the division of property, you will have to pay additional legal fees for divorce. The court fee is proportional to the property rate.
Note: When the Court has accepted the petition but the settlement process proves to be unusually long and slow, that’s when you can file a complaint to “promote” and also contribute to the protection of the law. protect the
the strictness of the law.
Is it possible to shorten the time for the process of consensual divorce with Vietnamese?
According to the Civil Procedure Code 2015, the time for amicable divorce settlement may take up to 02 – 03 months. If you want to carry out quick divorce procedures, you must ensure the following conditions:
- Prepare complete divorce documents in accordance with regulations.
- Submit the file to the competent People’s Court.
- Pay the fee immediately after receiving the notice of fee payment.
- When the Court invites the couple to come, both husband and wife should come to conduct mediation; at the same time, expressing the opinion that they want a divorce and do not want to conduct conciliation many times.
Then, the time for the couple’s amicable divorce settlement can be shortened. Maybe in just about 1 month or nearly 2 months.
Finally, hope this article is useful for you to know more about: How long is the process of consensual divorce with Vietnamese? If you need any further information, please contact LSX Law firm : +84846175333 or Email: email@example.com