It is just a simple petition! Many people still think so! But under practical circumstances, it is not easy to understand how to write such a petition correctly. This is especially true for writing a petition with unstable mood under “Divorce” experience. We will help you overcome this obstacle. Let’s review the latest instructions on preparing a divorce petition and divorce petition form in 2022.
Divorce is unexpected by anyone, but it is inevitable under many situations and cases. If you are thinking of ending your marriage, you also need to equip yourself with the basic knowledge to carry out relevant formalities.
The basic divorce process includes the following steps:
Step 1: Prepare the petition and submit it to the competent district/provincial People’s Court.
Step 2: After submitting the petition, the Court will examine case files and issue a notice of advance payment of the court’s fee. This takes 07-14 working days.
Step 3: Deposit the advance payment of court’s fee at the competent civil judgment enforcement branch (district-level)/civil judgment enforcement department (province-level).
Step 4: Submit the receipt of advance payment to the receiving officer at the Court.
Step 5: In the next 18 working days, the Court will commence a mediation session.
Step 6: In the next 07 working days upon failure of mediation, the Court will issue a Decision on acknowledgment of divorce if no party has any further opinion.
There are two types of divorce. Depending on selected type, there will be different ways to handle divorce cases.
Because the nature of these two types is completely different, divorce petition form for each type is also different: Divorce petition forms for unilateral divorce and divorce by mutual consent.
The latest petition form for divorce by mutual consent is specified in the forms on settlement of civil issues issued together with Resolution No. 01/2017/NQ-HDTP (as amended by Resolution No. 04/2018/NQ-HDTP). Detailed form is as below:
*If you can’t view the full form, please open this insight on your computer browser.
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SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness (Re: On acknowledgment of divorce by mutual consent and agreement on children and properties) To: People’s Court of …………………………………………………….. Full name of the applicant(s):
Address: Telephone: …………………(If any); fax No.: ……………….……….(If any) Email address: …………………………………………………………………….. (if any)
Address Telephone: …………………(If any); fax No.: ……………….……….(If any) Email address: …………………………………………………………………….. (if any) We would like to present to the People’s Court of ……………….. as follows:
– Regarding marriage relationship: …………………………………………………………. – Regarding common child: ……………………………………………………………….. – Regarding common assets: ……………………………………………………………… – Regarding common liabilities: …………………………………………………………..
List of attached documents/evidence:
I hereby commit that the statement above is true and correct. THE APPLICANT(S) Wife Husband |
A petition for divorce by mutual consent must comply with general standards of an administrative document with following notes:
Unlike divorce by mutual consent which has the mutual consent of both parties, unilateral divorce is requested by one of the parties only. Detailed form is as below:
*If you can’t view the full form, please open this insight on your computer browser.
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SOCIALIST REPUBLIC OF VIETNAM —————o0o————– To: PEOPLE’S COURT OF …………………………- CITY: …………………….. Full name of the applicant: ……………………………………………………..Date of birth: …………………… ID Card/Citizen ID/Passport No.: ………………………………….. issued by ……………… on: …………….. Permanent residence address: ………………………………………………………………………………………. Current residence: ……………………………………………………………………………………………… Full name of defendant: ………………………………………………….Date of birth: ………………………….. ID Card/Citizen ID/Passport No.: ……………………. issued by ………………………….. on: …………………. Permanent residence address: ……………………………………………………………………………………… Current residence: ……………………………………………………………………………………………… Person(s) with relevant interests and duties (if any): …………………………Date of birth: …………… ID Card/Citizen ID/Passport No.: ……………………. issued by ………………………….. on: …………………. Permanent residence address: ……………………………………………………………………………………… Current residence: ……………………………………………………………………………………………… I would like to present the following matter to the Court: We got married since ……………………….. with registration of marriage at the People’s Committee of …………………………………………………………………………………………………………. Ward ……………………………………………………………………………………………………………………………………………… Today, I am filing this petition to the People’s Court of ………………………………………………… to request for settlement of my divorce and termination of marriage with following details:
……………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………. We have agreed upon the caring person and monthly child care alimony as follows: ……………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………. …………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………. (This is not required if there is no house)
……………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………. (This is not required if there is no loan or debt) List of attached documents/evidence: …………………………………………………………………………………. …………………………………………………………………………………. Would you please consider my case and award my divorce petition so that I may stabilize my personal life. Thank you very much. …………, day …. month ….. year 20 …. The applicant (signature and full name) |
Describe marital conflict and reasons for divorce. Has the conflict between husband and wife been reconciled by the authority or locality?
Clearly state the grounds for unilateral divorce such as:
Husband or wife commits acts of domestic violence, mistreatment or abuse of each other, offends each other’s honor, dignity and reputation, seriously violates the wife’s rights and obligations, fails to love, respect, take care of, and help each other, be unfaithful to each other.
If the husband and wife have agreed to divide all common properties, clearly state their agreement. Or they will decide between themselves and do no request the Court to consider.
Information on loans and debts: If husband and wife have common debts and cannot reach a consensus on debt repayment responsibility, it is necessary to make complete and detailed statistics of common debts, creditors, terms, debt repayment period, and name of liabilities…
Here are some notes to keep in mind when preparing a divorce petition? Please contact us for more detailed instructions: letran@familylawyers.vn .
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Le & Tran Building – Headquarters: Area No. 284 (Bld 9), Nguyen Trong Tuyen Street, Ward 10, Phu Nhuan District, Ho Chi Minh City
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