Many couples today choose the consent method of divorce because of its speed, limit of disputes, and respect for the agreement of the parties. However, as we all know, for any divorce, whether unilaterally or voluntarily, there is a procedure for family reunification. So about the matter “How many times for consent divorce to reconcile in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Civil Procedure Code 2015
- Resolution No. 326/2016/UBTVQH14
What is divorce?
According to the provisions of Clause 14, Article 3 of the Law on Marriage and Family 2014, divorce is regulated as follows:
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
According to the provisions of the Law on Marriage and Family 2014; There are two types of divorce:
• Consent to divorce;
• Unilateral divorce (divorce at the request of one party).
What is a consent divorce?
According to Article 55 of the Law on Marriage and Family 2014, the consent to divorce is as follows:
– In the case where husband and wife jointly request a divorce, if it is deemed that the two parties really voluntarily divorce and have agreed on the division of property, the care, rearing, care and education of children on the basis of insurance. ensure the legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; if no agreement is reached or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce.
Note: Consensus divorce will be resolved according to civil procedure.
The right to request a consent divorce of Vietnamese citizens
According to Article 51 of the Law on Marriage and Family 2014, the right to request divorce settlement is as follows:
– Wife, husband or both have the right to request the Court to settle the divorce.
– Parents, other relatives have the right to request the Court to settle the divorce when one of the spouses suffers from mental illness or other diseases but is unable to perceive and control his/her acts, and at the same time are victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health, and spirit.
Note: The husband does not have the right to request a divorce in case his wife is pregnant, giving birth or raising a child under 12 months old. However, in case a wife who is pregnant, giving birth or raising a child under 12 months old wants to request a divorce settlement, the Court will accept and proceed with the divorce settlement according to unilateral divorce procedures. .
How is the application for recognition of consent for divorce regulated?
According to the provisions of Article 396 of the 2015 Civil Procedure Code, the application for recognition of consent for divorce, agreement on child rearing and division of property upon divorce is as follows:
– Husband and wife requesting the Court to recognize the consent of divorce, agreement on child rearing and division of property upon divorce must make a petition. The application must contain the contents specified in Clause 2, Article 362 of the Civil Procedure Code 2015.
– Husband and wife jointly requesting the Court to recognize the consent of the divorce, agreement on child rearing, and division of property upon divorce must sign or point to the petition. In this case, both husband and wife are identified as the petitioner.
– Enclosed with the petition, the requester must send documents and evidences to prove that the agreement on divorce, child custody agreement, and property division upon divorce is grounded and lawful.
How many times for consent divorce to reconcile in Vietnam?
According to the provisions of Article 397 of the 2015 Civil Procedure Code, stipulations on conciliation and recognition of consent to divorce, agreement on child rearing, and division of property upon divorce are as follows:
– During the time limit for preparing to consider the petition, before conducting conciliation for husband and wife reunification, when deeming it necessary, the judge may consult the state management agency in charge of family, the agency State management of children regarding family circumstances, causes of conflicts and aspirations of spouses and children related to the case.
– The judge must conduct conciliation to reunite husband and wife; explain the rights and obligations between husband and wife, between father, mother and children, among other family members, about alimony and other issues related to marriage and family.
– In case after conciliation, the husband and wife reunite, the judge shall issue a decision to suspend the settlement of their request.
– In case the conciliation and reunification is unsuccessful, the judge shall issue a decision to recognize the consent of the divorce and the agreement of the involved parties as prescribed in Article 212 of the 2015 Civil Procedure Code when there are all the necessary documents. the following conditions:
• The two parties actually voluntarily divorce;
• The two parties have reached an agreement on the division or non-division of common property, the care, upbringing, care and education of children;
• The agreement must ensure the legitimate interests of the wife and children.
– In case the conciliation and reunification fails and the involved parties cannot reach agreement on the division of property, the custody, rearing, care and education of the children, the Court shall terminate the settlement of civil matters regarding recognition of the agreement. divorce, child custody agreement, property division upon divorce and case handling for settlement. The court is not required to notify the acceptance of the case, nor to reassign the judge to handle the case. The settlement of the case is carried out according to the general procedures prescribed by the Civil Procedure Code 2015.
Thus, through the above provisions, we know that the law does not stipulate how many times to reconcile when performing the consent divorce procedure. However, from the provisions of the law, we can infer that the Court will have to reconcile at least once for the couple who want to consent to the divorce.
The decision to settle the divorce agreement
According to the provisions of Clause 4, Article 397 of the 2015 Civil Procedure Code, which regulates the reconciliation and recognition of consensual divorce, the agreement on child rearing and division of property upon divorce, the divorce decision is mentioned as follows: :
In case of unsuccessful conciliation and reunification, the judge shall issue a decision to recognize the consent of the parties to the divorce and the agreement of the involved parties according to the provisions of Article 212 of this Civil Procedure Code 2015 when all conditions are met. the following case:
• The two parties actually voluntarily divorce;
• The two parties have reached an agreement on the division or non-division of common property, the care, upbringing, care and education of children;
• The agreement must ensure the legitimate interests of the wife and children.
According to the provisions of Article 212 of the 2015 Civil Procedure Code, the decision to recognize the agreement of the involved parties is as follows:
– After 07 days from the date of making the minutes of successful conciliation, if no involved parties change their opinion about such agreement, the judge presiding over the conciliation session or a judge assigned by the chief justice of the court. must make a decision to recognize the agreement of the involved parties. Within 5 working days from the date of issuance of a decision to recognize the agreement of the involved parties, the court must send that decision to the involved parties and the procuracies of the same level.
– The judge only issues a decision to recognize the agreement of the involved parties if the involved parties can reach an agreement on the settlement of the whole case.
– In the case specified in Clause 4, Article 210 of the Civil Procedure Code 2015 where the present involved parties can reach an agreement on the settlement of the case, such agreement is only valid for those present and be recognized by the judge if it does not affect the rights and obligations of the absent party. In case their agreement affects the rights and obligations of the absent party, this agreement is only valid and recognized by the judge if it is agreed in writing by the absent party at the mediation session.
According to the provisions of Article 213 of the 2015 Civil Procedure Code, the effect of the decision to recognize the agreement of the involved parties is as follows:
The decision to recognize the agreement of the involved parties takes legal effect immediately after it is issued and will not be appealed or protested against according to appellate procedures.
– The decision to recognize the agreement of the involved parties may be protested against according to cassation procedures only if there are grounds to believe that such agreement is due to mistake, deception, threat, coercion or violation of the prohibition of the law, contrary to social morality.
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Frequently asked questions
Court fees: According to the provisions of Resolution No. 326/2016/UBTVQH14 guiding the rates of collection, exemption, reduction, collection, payment, management and use of court fees and fees with provisions on civil court fees , advance of civil court costs, first-instance and appellate criminal court fees, first-instance and appellate administrative court costs as follows: For disputes over civil, marriage and family matters, labor has no value : 300,000 VND.
Attorney fees (if any).
In case the conciliation and reunification fails and the involved parties cannot reach agreement on the division of property, the custody, rearing, care and education of the children, the Court shall terminate the settlement of civil matters regarding recognition of the agreement. divorce, child custody agreement, property division upon divorce and case handling for settlement. The court is not required to notify the acceptance of the case, nor to reassign the judge to handle the case. The settlement of the case is carried out according to the general procedures prescribed by the Civil Procedure Code 2015.
Step 1: Accept the application. Husband and wife prepare the above documents and submit them to the competent Court.
Step 2: Reconciliation. After receiving the consent form for divorce; The court will consider whether to accept and accept the divorce settlement application. If it is found that there are grounds to consider the divorce petition, request the applicant to pay the court fee in advance and conduct conciliation.
Step 3: Make a decision to recognize the consensual divorce. After conciliation is unsuccessful, the Court will issue a decision to recognize the divorce. On the contrary, if the conciliation is successful, the Court will suspend the settlement of the civil matter.
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