Order and procedures for Unilateral Divorce without property disputes. And What is a unilateral divorce without property dispute in Vietnam? Let us learn about this topic with LSX law firm as follow:
What is a unilateral divorce without property dispute in Vietnam?
So What is a divorce? What is the common cause of divorce in Vietnam? According to the provisions of the Law on Marriage and Family 2014: Unilateral divorce is a divorce case at the request of one spouse who wants to get a divorce; if there are grounds that the husband or wife commits acts of domestic violence or seriously violates the rights; and obligations of husband and wife, causing the marriage to fall into serious condition, the common life cannot be; prolonged, of unattainable marriage.
The cases spouse can not unilaterally divorce in Vietnam. Unilateral divorce without property dispute is; understood as the divorce, between husband and wife; there is no dispute, contradiction, or controversy with each other about the common property during the marriage; or separate property of husband or wife when conducting divorce.
Thus, Unilateral divorce is essentially a civil case; resolving disputes related to all or one of the following issues: marital relationship, child custody, alimony, division of common property; dissolution general debt settlement…. Unilateral divorce ends with a valid judgment of the Court. Accordingly, in the event of a unilateral divorce, the husband and wife still have the right to share the common property created; and established by the two parties during the marriage. How the property is; divided will be based on the principles of the law on property settlement of husband and wife upon divorce. Or it may be; because the husband and wife have an agreement before marriage on the division of common property; especially if the divorce is consensual or unilateral, the division of property will be; conducted according to the previous agreement. This becomes a case of Unilateral Divorce without property dispute.
Order and procedures for Unilateral Divorce without property disputes in Vietnam
The cases spouse can not unilaterally divorce in Vietnam. The order and procedures for a unilateral divorce without property dispute include the following steps:
Order and procedures for Unilateral Divorce without property disputes: Step 1: Prepare and submit documents:
Spouses must prepare unilateral divorce documents including what is; mentioned above. In addition, if there is evidence to prove that the husband or wife commits acts of domestic violence, fails to fulfill obligations, etc., it must also be provided to the Court.
Step 2: Submit the application file for unilateral divorce at the competent authority.
Specifically, in the case of a unilateral divorce; the involved parties shall file an application with the district-level People’s Court where the person requested for a unilateral divorce resides or works. If the unilateral divorce procedure has foreign elements; or the unilateral divorce procedure when the husband is abroad, it will be; carried out by the People’s Court of the province.
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 advance, the Court shall issue a decision to accept the unilateral divorce petition from the time the plaintiff submits the receipt for which the court fee advance has been; paid (Article 1. 191 and Article 195 of the Civil Procedure Code 2015).
Order and procedures for Unilateral Divorce without property disputes: Step 4: Participate in the handover session, access documents and evidence
In order to clarify the contents of the divorce case, during the trial period, 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. In case the plaintiff, who has been; duly summoned for the second time, is still absent, except for the case of force majeure events or objective obstacles; the judge shall issue a decision to terminate the settlement of the case at Point c, Clause 1, Article 217 of the Ministry of Justice. Civil Procedure Law 2015.
Step 5: Conduct conciliation:
Conciliation procedure at the Court is a mandatory procedure before bringing the case to trial, except for cases that cannot be; conciliated; or the conciliation cannot be; conducted or the case is resolved according to summary procedures.
If the conciliation is successful: The court makes a record of successful conciliation and, after 07 days, the involved parties do not change their opinions; the Court shall issue a decision recognizing the successful conciliation and this decision shall take effect immediately and cannot be appealed against.
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 a trial for unilateral divorce:
Within 01 month from the date of issuance of the decision to bring the case to trial; The parties are summoned by the Court and are; clearly informed of the time and place to open the Court hearing for the unilateral divorce.
Order and procedures for Unilateral Divorce without property disputes: 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 marriage relationship of the couple.
Court fees to be paid when conducting a unilateral divorce without property dispute
Thus, according to the law, the court fee to be paid when conducting a unilateral divorce without property dispute is 300,000 VND.
Finally, hope this article about The cases spouse can not unilateral divorce in Vietnam is helpful for you!
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Firstly, a high degree of agreement and consensus must be reached between husband and wife on all issues: Children, property, common debt, feelings… and proceed with a consensual divorce
Secondly, find and choose the right Court to accept the divorce, find out the templates, characteristic of the court to avoid confusion.
Thirdly, prepare components records (including notarization and authentication) to perfection, to avoid mistakes and Finally, the court issuing an additional notice.
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