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Format Of Mutual Divorce Petition


Format Of Mutual Divorce Petition

The Law On Marriage And Family does not have specific provisions on the form and content of the mutual divorce petition. Currently, under the guidance of Article 396 of the Civil Proceedings Code 2015, a mutual divorce petition must include the information being specified in clause 2 Article 362 of the Civil Proceedings Code 2015. The mutual divorce petition is considered as an application to resolve a civil matter and includes the basic content as follows:


Independence – Liberty – Happiness

 [At][*], [date][*]  [month] [*]  [year][*]


To: The People’s Court [*]

Full name of the husband: [*]

Address: [*]

Phone: [*] (if any)

Fax: [*] (if any)

E-mail address: [*] (if any)


Full name of the wife [*]

Address: [*]

Phone: [*] (if any)

Fax: [*] (if any)

E-mail address: [*] (if any)

We respectfully petition the People’s Court [*] to recognize matters set forth below:


1.     With respect to the marriage relation

We got married on a voluntary basis, held a wedding ceremony in accordance with traditional customs, and registered our marriage, in [year][*], at The People’s Committee of [*] Commune/Ward/Township.

During the first [*] of the marriage period, the married life of us went on in a harmonious and happy manner, we loved each other. But as of [year] [*] as yet, I and my spouse have discords regularly due to the fact that the worldview of each of us about marriage and family life is no longer consistent with such worldview of the latter. Although parents and relatives of both of us tried to persuade, encourage us to overcome disagreements in order to find a common voice, we found that the affection of husband and wife no longer exists, our common life is no longer possible and the marriage purpose is unachievable. Thus, we are really willing to divorce. We petition the Court to recognize the divorce by mutual consent.


2.     With respect to the children

During the process of common living, we have [*] common children including: The first child named [Full name] [*] – Date of birth (of the first child) [*] / [*] / [*] (and the second child named [Full name] [*] – Date of birth (of the second child) [*] / [*] / [*] (if any).

Due to the fact that the child named [*] is still a minor child, as per this divorce petition we agree to entitle Mr./ Mrs. [*] to directly raise the child named [*] after divorce, Mr./ Mrs. [*] is really willing to support such child to the time that the child named [*] reaches the mature age.


3.     With respect to the property

(i)                 During the process of common living, we have no common property. As per this divorce petition, we don’t petition the Court to settle on such matter. Or;

(ii)              Not petitioning the Court to settle on common property. Or;

(iii)            Petitioning the Court to settle on property division as follows:

(please specify the information about the common property and the petition on the property being divided).


4.     With respect to the liabilities

(Please specify the information about common obligations of husband and wife, the request for division of the liability to undertake common obligations. For example: common debt…)

Full name of the person with related rights and interests (if any) [*]

Address: [*]

Phone: [*] (if any)

Fax: [*] (if any)

E-mail address: [*] (if any)


We respectfully petition the Court to consider settling our divorce set forth above under the Laws.

List of documents and evidence attached to the divorce petitions by mutual consent includes:

1.      Identification Card (Certified accurate);

2.      The household registration book/ Them temporary residence book (Certified accurate);

3.      The marriage certificate (Original);

4.      The birth certificate (Certified accurate);

5.      Other documents evidencing the petition on the property, for example: The Certificate of Land Use Rights; The certificate of automobile and motorbike registration…

(Other information that the applicant deems it necessary for the settlement of the case) [*]

The applicant

In addition to the requested content, the mutual divorce petition should include relevant detailed information relating to the marital relationship, agreements on child custody and property division upon divorces, in particular:

Regarding the marital relationship, the mutual divorce petition should have the information of the time of marriage; clarify the causes of conflict and the time when the conflicts start; clarify the how the couple has settled the conflicts, the conciliation of third parties; clarify if the couple has separated or is still living in the same house, how long the couple has been separated.

Regarding common children, the mutual divorce petition should verify all common children or stepchildren, adopted children with detailed information of full name, date of birth and current custody. In addition, the couple may agree on the children custody and the financial support obligation for the child custody after the divorce, or on the guardianship for a relative to take the financial support obligations in accordance with the law.

Regarding the property, the mutual divorce petition should verify all marital property (each type of assets, time of purchase, price, property use person, current price and include the following information:

  • Agreement on division of marital property;
  • If no agreement on division of marital property can be reached, include the opinions of each party or request the court to settle;
  • Agreement on separation of the property.

Regarding the residential houses, land use rights of spouse (clarify the time of purchase/construction, purchase price, area, current price, agreement on division)

In case the houses, the land is the property of the father/mother in law or other person, specify the name and the address of the owner.

Read more: Procedures For Proving The Separate Property When Divorce?

Procedures For Proving The Separate Property When Divorce?

Regarding other liabilities under the mutual divorce petition, if the spouses have debts and request the Court to resolve, it is necessary to clearly state the debtors, the responsibility to pay the debts after divorce, specifying the proposal to the court for handling in this regard. In case there is any request for settle the contributions with the husband’s family (or wife’s family), clarify the requests and the evidence. If the couple has no marital property/houses or does not request the Court for settlement, thi should be specified.

When the divorce documents are completed, both husband and wife sign the petition and both must go to Court to apply for mutual consent divorce.

The above are the regulations on the mutual divorce petition in accordance with the law. If you need the legal advice on the mutual divorce petition, please contact us.

Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specializing in business law in Vietnam that has leading practice areas in the legal market such as Labour and EmploymentTaxationMerger and acquisitionLitigation. We are confident in providing customers with optimal and effective civil litigation service.