If you want to get a divorce but your husband keeps all the papers, what should you do according to Vietnamese law?
In fact, for many reasons, the wife does not want to live with her husband anymore and wants a divorce. To get a divorce, you need to prepare some legal documents. So, according to the law, when getting a divorce, what documents should be prepared? Can’t get a divorce without enough papers? Want to divorce but husband keeps all papers, what to do? Procedure for unilateral divorce without papers? To answer the above question, today, LSX Lawfirm will give you an article about “If you want to get a divorce but your husband keeps all the papers, what should you do according to Vietnamese law?“, as follows:
Legal grounds
Law on Marriage and Family 2014
Divorce concept
If you want to get a divorce but your husband keeps all the papers what should you do according to Vietnamese law? Before learning about the solution when we want a divorce but the husband keeps all the documents, we need to understand the definition of divorce according to the current law.
Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014, divorce is defined as follows:
“Article 3. Interpretation of terms
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.
So through this definition, we can understand as follows:
Consequences of divorce: Termination of the husband and wife relationship means that after the divorce the couple will no longer have to comply with the obligations between husband and wife. However, the husband still has to fulfill the child support obligation.
Evidence for divorce: both spouses receive a legally effective judgment or decision, namely a decision to recognize the consent of a divorce, a divorce judgment, to serve as a basis for proving the divorce. husband and wife divorced, and at the same time as evidence for future transactions.
What documents do I need to prepare for a divorce?
Pursuant to the provisions of Article 106 of the 2015 Civil Procedure Code, upon a unilateral divorce, the spouses must fully prepare the following documents:
An application for a unilateral divorce made according to Form No. 23-DS issued in Resolution No. 01/2017/NQ-HDTP amending and supplementing by Resolution 04/2018/NQ-HDTP;
Original certificate of marriage registration;
Copy of the people’s identity card of the spouse (certified or notarized);
Copy of household registration book of husband and wife (certified or notarized);
A copy of the child’s birth certificate (certified or notarized);
Copies of documents certifying assets to be divided such as certificates of land use rights and ownership of houses and other land-attached assets; vehicle registration; saving;…
Documents and evidence proving that acts of domestic violence or serious violations of the rights and obligations of husband and wife have caused the marriage life to fall into a serious state, the common life cannot be prolonged, and the purpose of the marriage. marriage is not achieved; evidence proving that the couple is missing in the case of divorce petition when the couple is declared missing;…
Can’t get a divorce without enough papers?
Clause 1, Article 56 of the Law on Marriage and Family 2014 provides for divorce at the request of one party:
When a spouse requests a divorce but the conciliation at the Court is unsuccessful, the Court shall grant the divorce if there are grounds for the fact that the spouse has committed domestic violence or seriously violated the rights and obligations of the spouse. husband and wife make the marriage fall into a serious state, living together cannot be prolonged, and the purpose of marriage is not achieved.
Therefore, if you want to get a divorce, you need to prove that your husband has committed domestic violence or seriously violated the rights and obligations of husband and wife, causing the marriage to fall into a serious situation, making cohabitation impossible. prolonged, the purpose of marriage is not achieved. You will need to provide a marriage certificate and other identification documents if you want to get a divorce.
Thus, in the case of a unilateral divorce without sufficient documents, it is not possible to get a divorce. Therefore, the husband deliberately made it difficult for his wife to fall into a state of wanting a divorce, but the husband kept all the papers. At that time, the wife needs to handle the following way to complete the unilateral divorce file.
Want to divorce but husband keeps all papers, what to do?
Pursuant to the provisions of Article 106 of the 2015 Civil Procedure Code, upon a unilateral divorce, the spouses must prepare all the required documents. In case of unilateral divorce without sufficient documents, the divorce cannot be carried out. When there are not enough papers, the divorce petitioner will have to go to the competent agencies, organizations, and individuals to apply for a re-issue of personal papers to complete the dossier. As follows:
For marriage registration certificates: You can go to the People’s Committee of the commune where the couple has registered their marriage to request an extract of the marriage registration dossier.
Then For birth certificates: You can contact the civil status agency where your birth is registered to request a copy.
For household registration books: You can contact the police at the commune/ward level where the requester of permanent residence confirms that he is a local resident. This certification can be made in a separate application or can be confirmed by the police directly in the divorce application.
For identity card: You can use a notarized or authenticated copy of the passport book to complete the application or you can contact the police of the ward, commune, or township to have the identity card reissued.
For your spouse’s identification documents: You may be able to present in the divorce petition and ask the court to ask the defendant to provide documents to proceed with the prescribed divorce proceedings.
Procedure for unilateral divorce without papers?
After completing all the missing documents, you can proceed with the unilateral divorce by submitting a file to the competent court agency to handle your divorce case. The procedure for unilateral divorce is carried out as follows:
Step 1: Prepare and submit your application
You need to prepare all the documents for the unilateral divorce that we have mentioned above. In case you cannot get enough documents, you can ask the Court to collect documents.
Step 2: Submit the application for unilateral divorce to the competent authority
File an application at the district-level People’s Court of the place of residence or work of the person who wants a divorce in case both parties agree.
File an application at the district-level People’s Court of the place of residence or work of the person who is unilaterally divorced in case there is no agreement between the two parties.
In addition
Step 3: Receive, review the file and accept the case
After receiving the petition from the plaintiff, the Court must consider whether to accept the application or not after 05 working days. If the dossier is valid, the court shall send a notice to the plaintiff to pay the court fee in advance and the court shall issue a decision to accept the application.
Step 4: Join the handover session, access documents, and evidence
In order to clarify the contents of the divorce case, during the trial stage, the judge opens a meeting to hand over, access, and publicize evidence. At this meeting, the petitioner for unilateral divorce must be present at the request of the court.
Step 5: Conduct mediation
If the conciliation is successful: The court makes a record of successful conciliation and, after 07 days, if the involved parties do not change their opinions, the court shall issue a decision to recognize the successful conciliation, and this decision shall take effect immediately and shall not be appealed against. appeal appeal.
If the conciliation fails: The court must also make a record of unsuccessful conciliation and then issue a decision to bring the case to trial.
Step 6: Open the unilateral divorce trial
Within 01 months from the date of issuance of the decision to bring the case to trial, the parties shall be summoned by the Court and be clearly informed of the time and place to open the court hearing for the unilateral divorce.
Step 7: Issue a unilateral divorce judgment
If the conciliation is not successful and it is deemed that there are sufficient conditions for divorce settlement, at the end of the trial, the Court will issue a judgment to terminate the marital relationship of the couple.
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Related questions
When a spouse requests a divorce but the conciliation at the Court is unsuccessful, the Court shall grant the divorce if there are grounds for the fact that the spouse has committed domestic violence or seriously violated the rights and obligations of the spouse. husband and wife make the marriage fall into a serious state, living together cannot be prolonged, and the purpose of marriage is not achieved. Therefore, if the husband does not agree, the wife still has the right to request a divorce.
In your case, your husband does not consent to the divorce, and you do not have your husband’s identity card at the time of filing. Therefore, depending on the instructions of each Court, you can submit other supporting documents instead. It can be a notarized photo ID card or other identification documents with a photo. During the processing and settlement, the court will ask your husband to add the following ID card.
The competence to settle unilaterally divorces without papers is determined on the basis of territorial jurisdiction, Article 39 of the Civil Procedure Code 2015 stipulates that the Court competent to settle unilateral divorce is the Court. District court where the defendant resides or works.
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