The Latest Divorce Procedure In 2023

In the course of cohabitation, if spouses frequently engage in conflicts and fail to establish harmony, divorce becomes their ultimate recourse to liberate themselves. Nevertheless, numerous individuals remain unaware of the components encompassed within the divorce process. The subsequent piece, provided by NT INTERNATIONAL LAW FIRM, aims to enlighten you on the intricacies of divorce procedures.

Who can file for divorce?

Legal Basis:

• Law on Marriage and Family 2014, Article 51

Persons with the Right to Request Divorce:

1. Husband and Wife: Both spouses individually or jointly have the right to request divorce through the court.
2. Parents and Relatives: When one spouse suffers from mental illness or another condition that impairs their ability to perceive and control their behavior, and they also become a victim of domestic violence that significantly impacts their health, life, and spirit, parents and relatives have the right to request a court-ordered divorce on their behalf.
3. Exceptions: A husband cannot file for divorce while his wife is pregnant, giving birth, or raising a child under 12 months old. However, the wife retains the right to request a divorce during these periods.

Additional Points:

• The specific conditions and procedures for requesting a divorce vary depending on the circumstances of the case.
• It is highly recommended to seek legal counsel to understand your rights and navigate the legal process effectively.
• Understanding the legal framework surrounding divorce can help individuals make informed decisions and protect their interests throughout the process.

Conclusion:

The Law on Marriage and Family 2014 clearly defines who can request a divorce in Vietnam. While both spouses have the inherent right to initiate divorce proceedings, specific exceptions apply in certain situations. Seeking legal advice is crucial to ensure proper legal representation and a smooth resolution.

Who can file for divorce?

Conditions of filing for divorce

Legal Basis:

• Law on Marriage and Family 2014, Articles 54, 55, 56, and 57

Types of Divorce:

1. Uncontested Divorce: Both spouses agree to divorce and have reached a complete agreement on all matters related to property division, child custody, alimony, and other issues.
2. Unilateral Divorce: One spouse files for divorce without the consent of the other, citing specific grounds.

Conditions for Uncontested Divorce:

• Article 54: Both spouses must genuinely and voluntarily desire a divorce.
• Article 55: A written agreement must be reached on all aspects of the divorce settlement, including:
  • Division of marital property and assets.
  • Child custody rights and visitation arrangements.
  • Alimony payments and obligations.
  • Other relevant matters.

Conditions for Unilateral Divorce:

• Article 56: Spouses committing acts of domestic violence against each other.
• Article 57: When one spouse seriously violates the rights or obligations of the other, causing irreparable harm to the marriage and making their continued cohabitation impossible.
• Article 56: When one spouse is declared missing by the court.
• Article 57: When one spouse has a mental illness or another condition that impairs their ability to control their behavior and is also a victim of domestic violence inflicted by the other spouse.

Additional Points:

• The procedures and evidence required for each type of divorce may differ.
• Consulting with a lawyer is highly recommended to ensure proper application and compliance with legal requirements.
• Understanding the specific conditions for each type of divorce empowers individuals to make informed decisions and seek legal remedies effectively.

Conclusion:

Whether aiming for an uncontested or unilateral divorce, fulfilling the specific conditions outlined in the Law on Marriage and Family 2014 is crucial. Seeking legal guidance can ensure a smooth and legally sound process for both spouses, particularly during unilateral divorce proceedings.

Conditions of filing for divorce

Documents needed for divorce procedure

Legal Basis:

• Law on Marriage and Family 2014
• Resolution No. 01/2017/NQ-HDTP

General Documents:

• Marriage registration certificate (Original): This document serves as the proof of marriage and is required for all divorce proceedings.
• Identity card of husband and wife (Authenticated copy): Valid government-issued identification documents are necessary for both spouses.
• Birth certificates of children (If there are children together, certified copy): This document proves the existence of children and aids in determining child custody arrangements.
• Family registration book (certified copy): This document provides information about the family structure and marital status.
• Documents proving ownership of common property (If there is common property, a certified copy): This includes documents such as land titles, property deeds, and bank statements.

Missing Documents:

• Lost Marriage Certificate: Contact the civil status office where the marriage was registered to request a replacement copy.
• Missing ID Card: Follow the court’s instructions to submit alternative identification documents.

Specific Documents for Uncontested Divorce:

• Uncontested Divorce Application Form: This form requires both spouses to agree to the divorce and details the agreed-upon terms regarding property division, child custody, alimony, and other relevant matters.

Specific Documents for Unilateral Divorce:

• Unilateral Divorce Application Form: This form is used when one spouse files for divorce without the consent of the other. It must include specific grounds for the divorce, as outlined in Articles 56 and 57 of the Law on Marriage and Family 2014.

Additional Notes:

• The specific requirements for documents may vary depending on the individual case and the local court’s procedures.
• It is recommended to consult with a lawyer to ensure that all necessary documents are submitted correctly and in a timely manner.
• Understanding the legal basis and document requirements for each type of divorce can help individuals make informed decisions and navigate the divorce process smoothly.

Conclusion:

Both unilateral and uncontested divorce proceedings require specific documents outlined in the Law on Marriage and Family 2014 and Resolution No. 01/2017/NQ-HDTP. While general documents remain the same for both types, the specific application forms differ based on mutual consent or unilateral filing, with the latter requiring justification for the divorce. Consulting a legal professional can help individuals gather the necessary documents and ensure a successful and legally sound divorce process.

Documents Needed For Divorce Procedure

Divorce Procedure

Legal Basis:

• Law on Marriage and Family 2014, Articles 58 to 64
• Resolution No. 01/2017/NQ-HDTP on Detailed Regulations for the Implementation of a Number of Articles of the Law on Marriage and Family 2014

Procedure for Unilateral Divorce:

Step 1: Submitting the Application:

• The spouse seeking unilateral divorce prepares and submits all necessary documents, including evidence of domestic violence (if applicable), to the competent court.
• Documents include:
  • Marriage registration certificate (original).
  • Identity cards of husband and wife (authenticated copies).
  • Birth certificates of children (certified copies, if applicable).
  • Family registration book (certified copy).
  • Documents proving ownership of common property (certified copies, if applicable).

Step 2: Reconciliation and Court Decision:

• Upon receiving the application, the court determines its admissibility and may require an advance court fee.
• Conciliation will be attempted between the spouses.
• If successful, the court issues a decision acknowledging successful conciliation and terminates the proceedings.
• If unsuccessful, the court proceeds to a trial and issues a decision regarding the divorce request.

Step 3: Trial and Judgment:

• The court conducts a hearing, considers arguments and evidence from both spouses.
• If the court finds sufficient grounds for divorce, it issues a judgment terminating the marital relationship.

Divorce Procedure

Procedure for Uncontested Divorce:

Step 1: Submitting the Application:

• Both spouses jointly prepare and submit the necessary documents to the competent court.

Step 2: Court Review and Public Meeting:

• The court reviews the application and grounds for divorce and issues a notice for an advance fee payment.
• After the fee is paid, a public meeting is held to resolve the request for uncontested divorce recognition.

Step 3: Outcome of the Public Meeting and its Impact on the Divorce Decision

The outcome of the public meeting in an uncontested divorce case determines the next step in the legal process:

Scenario 1: Successful Reconciliation

• If the public meeting is successful, meaning both spouses reaffirm their desire to reconcile and continue their marriage, the court suspends the resolution of the civil case.
• This suspension effectively signifies the termination of the divorce proceedings and allows the couple to resume their marital relationship.
• No formal judgment or decision will be issued by the court, as the marriage remains intact.

Scenario 2: Unsuccessful Reconciliation

• If the public meeting is unsuccessful, meaning one or both spouses express a change of heart or disagree with the divorce terms, the court issues a decision to recognize the divorce.
• This decision formally terminates the marital relationship and serves as the legal document confirming the divorce.
• The court may consider any agreements reached during the conciliation process or address unresolved issues related to property division, child custody, and alimony during this stage.

Additional Notes:

• The specific procedures and timelines may vary depending on the individual case and the court’s jurisdiction.
• Seeking legal counsel is highly recommended to navigate the legal process and ensure proper representation throughout the divorce proceedings.
• Understanding the legal framework and procedural steps empowers individuals to make informed decisions and advocate for their interests effectively.

Conclusion:

The divorce process in Vietnam involves specific steps and document requirements, differentiated between unilateral and uncontested divorce. While conciliation is encouraged, a court decision or judgment is ultimately required to finalize the divorce and terminate the marital relationship.

NT International Law Firm has addressed the matter of the latest divorce procedure in 2023. If you have any further questions or concerns regarding marriage and family, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2014 Law on Marriage and Family.
• The 2015 Civil Code.