Happy family life is what everyone wants. However, when the husband and wife are no longer able to nurture the family together, there is a possibility that one of the two parties will desire a divorce. This case is considered unilateral divorce, this article will help readers receive an overview of procedures.
1. Requirements in a unilateral divorce case:
In a unilateral divorce case, there are 03 requests that the petitioner can ask the Court to resolve:
- First, ask the Court to approve the divorce;
- Second, requirements for common children and alimony; and
- Third, the requirement on common property division during the marriage period.
The reader, in addition to the first request related to personal matters, may request the court to resolve both properties and and common child issues. If it is found that the couple cannot voluntarily agree on these issues.
2. Dossiers and procedures for unilateral divorce settlement:
To request the Court to accept a unilateral settlement of a divorce, the applicant needs to prepare the following documents:
- Registration of marriage;
- ID/CCCD and household registration of both spouses;
- Birth certificate, copy of the child (if any);
- Papers of house, land and other property ownership (if any);
- Debt note (if any); and
- Other relevant papers proving the personal relationship and properties of the couple.
3. Agency handling:
The People’s Court of the district where the defendant is actually residing.
4. Result of settlement:
The Court’s judgment or Decision recognising the agreement of the litigants.
5. Process of the Court accepting and settling unilateral cases of divorce:
* Step 1: Review the case file and accept the case: When the applicant submits a request for divorce to the Court, the Court checks the file and considers the application, then making an appointment about 10-15 days after to receive the results.
If the lawsuit file is valid, the Court shall issue a notice of court fee advance. The applicant brings this Notice to the District Court Execution Department in the same district with the Court to pay the court fee and bring the receipt back to the Court.
* Step 2: Court accepts and assigns the judge in charge: Within 03 working days from the date of accepting the case, the Chief Justice will issue a Decision to assign a judge to directly handle it.
Within 3 working days after being assigned, the Judge shall issue a written notice to the plaintiff, the defendant, agencies, organisations, and individuals that have interests and obligations related to the settlement of the case to the Procuracy of the same level regarding the Court’s acceptance of the case.
* Step 3: Mediation: During 04 months of preparation for the trial, the Court will summon the couple to get testimony and mediation. If the two parties reach an agreement on the divorce, the Court will make a record of successful mediation and after 07 days from the date of successful mediation, the Court shall issue a decision recognising the parties’ agreement. This Decision takes effect from the date of its promulgation and has the final validity without appeal or appeal.
* Step 4: Trial and issuance of judgments: If the conciliation fails, the Court will issue a decision to bring the case to trial. At the trial, the Court bases its decision on the wishes of both parties and through the evaluation of evidence in the case, concluding with the Court issuing a judgment recognising the divorce.
The sentence of the court will take effect after 01 month from the date of trial or from the date of proper service to the parties concerned. The court may also dismiss a request for divorce if the conflict is not serious enough. When the court dismisses a divorce petition, it must be 01 year after the petitioner is entitled to file a lawsuit to return the divorce.
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The above article is only in compliance with the provisions of law. In order to fulfil their desires, the party wishing to divorce should contact a professional law firm in Vietnam to conduct procedures that may otherwise cause many problems.
If you are having difficulty with the unilateral divorce procedure in Vietnam, please contact us: P & Associates is a professional consulting firm Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi and Danang.
P & Associates is also rated as a leading consulting firm specialising in business law in Vietnam that has notable practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation and divorce. We are confident to provide unilateral divorce counselling services in Vietnam to customers in the most optimal and effective way.