Procedures for unilateral divorce with Taiwanese people. Conditions to be able to carry out unilateral divorce proceedings with Taiwanese people. Let us learn about this topic with LSX law firm as follow:
Conditions to be able to carry out
Distinguish between consensual divorce and unilateral divorce in Vietnam. Article 56, Law on Marriage and Family 2014 provides for divorce at the request of one party. If the spouses requesting a divorce meet the following unilateral divorce conditions:
there are grounds for the fact that the husband or wife commits acts of domestic violence or seriously violates the rights and obligations of the husband and wife, causing the marriage to fall into a serious state; cohabitation cannot last, the purpose of marriage is; not achieved. Thus, the following conditions must be; met to prove the grounds for divorce before the court will accept the unilateral divorce settlement:
In case the spouse of the person who is; declared missing by the Court requests a divorce, the Court shall grant the divorce.
In case there is a request for divorce because the father, mother or other relatives have the right to request the Court to settle the divorce when one of the spouses suffers from mental illness; or suffer from another disease that is unable to perceive or control their behavior; at the same time are victims of domestic violence; caused by their husbands and wives, seriously affecting their lives, health and spirit. The Court shall grant divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence, which seriously affects the life, health and spirit of the other.
Thus, only when one of the above-mentioned conditions is; met, the spouse can proceed with the unilateral divorce procedure with the Taiwanese as well as ask the court to resolve his or her unilateral divorce.
Divorce file unilaterally with Taiwanese people
In order to be able to carry out the order, process, and procedures for a unilateral divorce with a Taiwanese, one of the spouses, who wishes and requests the court to settle his or her unilateral divorce, must prepare unilateral divorce documents sent to the court. A unilateral divorce file with a Korean person needs to prepare the following documents:
Divorce petition (ACC Law Firm will provide a unilateral divorce application form and guide the unilateral divorce procedure with the Taiwanese for customers in need).
Marriage registration certificate (original);
Identity card/Citizen identity card of husband and wife, Household book of the couple (Notarized and authenticated copy); passport for Korean spouse
Extract copies of the children’s birth certificates;
Proof of ownership and right to use common property of husband and wife (notarized/certified copy) such as: Certificate of land use right (red book); Vehicle registration; saving…
Papers related to joint debt;
Certificate of residence and identity of the defendant;
Minutes of grassroots mediation to determine the conflict leading to divorce
Procedures for unilateral divorce with Taiwanese people
Unilateral divorce and child custody settlement agency in Vietnam. The unilateral divorce procedure with the Taiwanese is carried out through the following sequence and steps:
Step 1: Prepare divorce documents:
Step 2: Submit application for unilateral divorce settlement with Korean people
Jurisdiction to settle marriage and family disputes involving foreign elements; or unilateral divorces with Taiwanese belongs to the provincial people’s court where one of the spouses resides in Vietnam. Therefore, if the spouse is in Vietnam, it is necessary to file a petition for unilateral divorce to the provincial people’s court where the spouse resides. Note that the full name, address, nationality of the foreign spouse must be; written in the petition together with papers and documents certifying the foreign spouse’s full name, address, and nationality or are abroad.
Step 3: Receive, review the file and accept the case:
If all conditions are satisfied, the court must send a notice of acceptance of the case; clearly stating the time and place of the meeting to check the handover, access and disclosure of evidences and conciliation. ; reopen the conciliation session, open the court session and reopen the court session in the written notice of acceptance of the case to the overseas involved parties.
Step 4: Preparation for trial
Step 5: Open a court to resolve unilateral divorce with foreigners. Accordingly, the court hearing must be opened at the earliest 9 months and no later than 12 months from the date of issuing the written notice of acceptance of the case. The date of reopening the court hearing (if any) is fixed within one month from the date of opening the court hearing.
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.
the service of a divorce lawyer can help you to complete it quickly and without taking much time