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.
Learn the general basic process of completing divorce 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.
Which types of divorce are there?
There are two types of divorce. Depending on selected type, there will be different ways to handle divorce cases.
- Divorce by mutual consent: Both husband and wife consent and agree to a divorce, also known as divorce by mutual consent or voluntary divorce.
- Unilateral divorce: Either husband or wife insists on a divorce while the other does not agree to a divorce, also known as unilateral divorce or a divorce at the request of one party.
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.
Latest petition form for 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 |
Instructions on preparing a petition for divorce by mutual consent
A petition for divorce by mutual consent must comply with general standards of an administrative document with following notes:
- It is necessary to fill in information on both husband and wife, including full name, date of birth, ID card/citizen ID/Passport number, address, phone number, current address.
- Regarding marriage relationship: It is necessary to state details of duration, marriage, living together process, purpose of divorce (extra-marital affairs, violence, hopeless marriage life, etc.).
- Regarding children: If there is any common child, state details of the child, caring person, and proposed caring person, if any. If the husband and wife have mutual consent, state details of their mutual consent regarding child care.
- Regarding assets: If the husband and wife have mutual agreement on division of properties, they must state details thereof in the petition. This is not required if there is no property. If there is no such agreement, the Court is requested to make the division.
- Regarding common liabilities: If there are common liabilities, state details of debt amounts, creditors, repayment term, etc. and a proposal of repayment obligations in the petition. If there is no common liability, state: None… If there are common liabilities but no division is requested, state: Both parties do not request the Court to resolve this matter.
Latest petition form for unilateral divorce
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:
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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) |
Instructions on preparing a petition for unilateral divorce
- It is necessary to fill in information on both husband and wife, including full name, date of birth, ID card/citizen ID/Passport number, address, phone number, current address.
- Information on current marital status of husband and wife: state details of location and time of marriage and duration of living together. state if husband and wife are living with each other or not? Separation? How many years have you been separated (if any)?
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.
- Regarding information on common children, it is necessary to clearly state details of the children. If husband and wife can reach an agreement on the person directly raising the child and alimony obligation, the agreement of the husband and wife should be clearly stated. If the couple has no child, state “None”.
- Information on common property during the marriage: It is necessary to clearly state which properties the husband and wife have because this is the basis for the Court to divide the properties for the couple after divorce, it is necessary to clearly state their wishes regarding the division of those properties. If there is no common property, state “None”
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 .
