Unilateral divorce and child custody settlement agency in Vietnam. Right to request unilateral divorce and child custody. Let us learn about this topic with LSX law firm as follow:
What is a unilateral divorce in Vietnam?
Unilateral divorce means:
The two parties do not agree to sign the divorce petition;
There are conflicts between the parties, unable to agree on divorce issues including child custody, common property.
Unilateral divorce occurs because of a dispute between the parties.
One of the difficulties in a unilateral divorce is the issue of child custody between the parties. This is a complicated issue, so if you want to solve it, you need support from units that know the law. Divorce property division involving foreign elements.
Right to request unilateral divorce and child custody
Subjects that can carry out unilateral divorce and child custody procedures include:
Wife, husband or both have the right to request the Court to settle the divorce.
Parents and other relatives have the right to request the Court to settle a divorce when one of the spouses, due to mental illness or other diseases; isunable to perceive and control his/her acts and is; also a legal partner victims of domestic violence caused by their husbands and wives; seriously affecting their lives, health and spirit.
Note that the husband is; not allowed to carry out unilateral divorce and child custody procedures when his wife is pregnant, giving birth, or raising a child under 12 months old.
Unilateral divorce and child custody settlement agency in Vietnam
The agency competent to resolve unilateral divorce and child custody will depend on each case:
If the divorce does not appear foreign elements: The district-level People’s Court is the competent authority to resolve unilateral divorce and child custody.
In case foreign elements appear: marriage and family relations in which at least one party is a foreigner or overseas Vietnamese; marriage and family relationship between the parties involved are Vietnamese citizens; but the grounds for establishing, changing or terminating such relationship are according to foreign laws; arising abroad or property related to the relationship. If such system is located in a foreign country, the People’s Court of the province has jurisdiction to deal with it.
Unilateral divorce records and child custody in Vietnam
Firstly, application for unilateral divorce according to the prescribed form
Secondly, registration of marriage;
Thirdly, personal papers of husband and wife;
Fourthly, child’s birth certificate (certified copy);
In addition, copy of permanent residence. staying;
Moreover, papers on the couple’s property;
In addition, other documents as prescribed by law.
Child custody after unilateral divorce in Vietnam
Case both parents do not have custody of children after divorce? In case an adult child loses his/her civil act capacity or is incapable of working and has no property to support himself/herself, the parents still have the right and obligation to look after, care for, raise and educate the child. .
In case the husband and wife agree on who directly raises the child; the obligations and rights of each party after the divorce towards the child, the agreement shall prevail;
If no agreement is; reached the Court shall decide to assign the child to one party to directly raise it based on the child’s interests in all aspects; if the child is full 07 years old or older, the child’s wishes must be; considered.
Children under 36 months of age shall be; assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for; raise and educate the children or the parents have other agreements in accordance with the interests of the children.
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Related questions
Accordingly, the provisions of the Law on Marriage and Family 2014 in Clause 14, Article 3, divorce is defined as follows: Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.
Thus, divorce is the termination of the husband and wife relationship, however, this termination must be decided according to the effective judgment of the Court where the divorce case is heard.
Property division upon divorce is a mandatory procedural regulation that both spouses must perform at the end of a marriage relationship. The division of property upon divorce, the husband and wife can agree on the division of common or separate property depending on the agreement of the husband and wife and a number of other financial obligations. If the spouses cannot agree to divide the property by themselves, they will request the Court to divide according to the provisions of law.
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