Currently there are many couples who want to divorce, whether unilaterally or mutually. However, once the divorce application is filed, sometimes the couple rethinks or one of the spouses does not want to divorce anymore for various reasons. In this case, do the spouses have the right to withdraw the divorce application? The following article will help understand clearly the procedure for withdrawing a divorce application.
Point c, Clause 1, Article 217 of the 2015 Civil Procedure Code stipulates the suspension of resolution of civil cases as follows: “The petitioner withdraws the entire petition or plaintiff has been duly summoned twice but still absent, unless they request a trial in absence or because of a force majeure event or objective obstacle ”.
According to the current law, this is the right of the petitioner and the State also encourages conciliation when the spouse made a divorce application so the spouse has the right to withdraw the petition. Divorce according to law provisions. After filing a request to withdraw the divorce application, the Court will consider and suspend the settlement of the case in accordance with the Law.
If one of the spouses are busy, he or she can authorize the other spouse to withdraw the application. The authorization letter must clearly state the information of the two persons and the content of the authorization. After that, the two spouses’ signatures must be authenticated at the People’s Committees of communes, wards or townships or at a Notary public office. They must bring their ID to the officer dealing with personal information.
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* Procedure for withdrawing a divorce application when the court has accepted the case
- Procedure for withdrawing a divorce application Before Opening the First Instance hearing: Right after the decision to accept the case, the person requesting the divorce is entitled to withdraw the divorce application. If the plaintiff withdraws his / her entire request and no longer requests the other involved parties, the Court shall issue a decision to suspend the resolution of the civil case.
The Court shall delete the name of the case in the acceptance book and return the petition, attached documents and evidence to the litigant if required. The Court still has to copy and save the documents as a basis for resolving complaints and petitions upon request.
- Procedure for Withdrawing a divorce application hearing at the first instance trial
Pursuant to the provisions of Articles 243 and 244 of the 2015 Civil Procedure Code, at the first-instance trial of a divorce case, when the presiding judge asks the litigant about a change, supplement or partial withdrawal or the entire claim or not.
If the litigant wishes to withdraw his / her request for divorce, the Trial panel shall accept and suspend the trial of the case if the withdrawal of the petition is voluntary.
- Procedure for Withdrawing a divorce application before appeal court hearing and appeal court hearing
If there is an appeal of the first instance judgment, the divorce process will continue to be resolved by the appellate Court. And before the appellate trial or at the appellate Court resolve the divorce, the plaintiff can withdraw the request for divorce and be accepted by the Trial Panel if the defendant agrees to let the plaintiff withdraw the petition. The Appellate Trial Council will cancel the first-instance judgment and suspend the settlement of the divorce case.
In case the defendant disagrees with the plaintiff withdrawing the petition, the appellate trial panel will not accept the plaintiff’s request and still proceed to settle the divorce dispute according to the appellate procedure.
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If you are in need of assistance with matters regarding Procedure for Withdrawing a divorce application in Vietnam, please contact us: P & Associates is a professional law firm established in Vietnam and currently has nearly 100 members working at three offices in Ho Chi Minh City, Hanoi and Da Nang.
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