PROCEDURES FOR DIVORCE BY MUTUAL CONSENT
You are searching for the procedure for divorce by mutual consent, T2H Lawyers would like to provide you information about this procedure.
- A dossier request for divorce by mutual consent:
This dossier filed at competent Court comprises the following papers:
- An application request for divorce by mutual consent made according the prescribed form;
- Original of marriage certificate;
- A notirized copy of both spouse ‘s Identity card and residence book;
- A notirized copy of the birth certificate of the spouse ‘s children;
- Another related papers such as the ownership or use right certificate of property, land, … (if any).
- Competance to settle divorce by mutual consent:
Pursuant to The Civil Procedure Code 2015, The People’s Court of districts which the husband or the wife resides (permanent or temporary place of residence) or works in has the jurisdiction to settle the voluntary divorce.
However, The People’s Courts of provinces shall have the jurisdiction to resolve in many circumstances:
- The civil cases which involve parties or properties in foreign countries or which must be judicially entrusted to representative agencies of the Socialist Republic of Vietnam overseas or to foreign courts/competent agencies;
- The civil cases shall be taken up for settlement by The People’s Courts of provinces when complicated and necessary or at the request of People’s Courts of districts.
- Steps taken:
Step 1: Filing the dossier request for divorce by mutual consent at The People’s Courts.
– Within 03 working days from the receipt of the application request for divorce by mutual consent, the Chief Justice shall assign the Judge to review the petitions.
– In case the application doesn’t fully contain the prescribed content, the Judge shall request for the amendent/supplement within 07 days from the day on which the request is recevied;
Upon the expiry of this duartion, if the party request for divorce by mutual consent completes all the request for the amendent/supplement, the Judge shall carry out the acceptance procedures of the cases, or else, the Judge shall return the application.
Step 2: Paying the charge for civil matter.
- If deeming that the application and accompanied materials and/or evidences meets all the conditions to be accepted, the Judges shall immediately notify about the payment of charge for civil matter resolution in cases where they are liable thereto.
- Within 05 working days from the day on which the notice of charge payment is received, the party request for voluntary divorce must pay that charge and submit the receipts for payment.
- The Judges shall accept the petitions when receiving the payment of charge for civil matter resolution receipts and then, send notices about the acceptance to related individuals, agencies within 03 days from the day on which the cases are accepted.
Step 3: Preparation for petition consideration.
The Court shall set up the case files, collect and verify the evidence, papers,…, decide to open meetings to resolve the request for voluntary divorce
The time limit for preparation for petition consideration is 01 months from the day on which the cases are accepted. For complicated cases, or when due to force majeure events or objective obstacles, this time limits could be extended.
Step 4: The Court summones and opens a meeting to resolve the request for divorce by mutual consent
A meeting is opened within 15 days from the day on which the decision to open the meeting is issued to consider to issue the decision to recognize the divorce by mutual consent
Please contact us for detailed advice.
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