Divorce is the last solution for a marriage when it has come to a dead end. Getting divorce is a way to resolve all conflicts in a civilised way, in accordance with the law when the parties have decided to leave each other. How to do it? The question is simple but it is in fact complicated. They must understand many legal issues. Our mission is to help you understand some of the issues when encounter this process.
Who has the right to request a divorce settlement?
Both spouses request a divorce, the two parties actually voluntarily divorced and agreed on the division of property, the custody, upbringing and caring for the children, and education of the children on the basis of ensuring the legitimate rights of the wife and children.
When the wife or husband insists on divorce and the other does not agree to divorce; and was reconciled in Court but failed, the Court only settles for divorce if there are grounds for the spouse to commit domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer possible and the marriage purposes unachievable.
Since the characteristics of divorce by mutual consent and divorce at the request of one spouse are completely different, the settlement procedure is also different. Divorce at the request of one spouse is settled according to the procedure of a civil dispute. Meanwhile, divorce by mutual consent is settled according to the procedure of a civil matter.
For the divorce at the request of one spouse, the process will be carried out according to the following steps:
The spouse (who wants a unilateral divorce) submits a Petition with documents and evidence to the competent People’s Court.
The Court reviews the petition document. If the conditions are met, the Court notifies the litigator to pay the advance Court fees. The Court accepts the lawsuit when the litigator submits to the Court a receipt for the payment of the advance Court fees.
If the conciliation is successful: The Court makes a record of the successful conciliation and after 07 days if the partners do not change their opinions, the Court will issue a decision to recognize the satisfaction of the requirements.
If the conciliation fails: The court brings it to trial.
After the trial, the Court will issue a judgment dealing with issues of marital relations, common children and common property between husband and wife.
If one of the parties does not agree with the content of the first-instance judgment, he/she can appeal under the appellate procedure.
For the divorce by mutual consent, the process will be carried out according to the following steps:
Spouses submit a written request for recognition of divorce by mutual consent accompanied by documents and evidence proving the agreement on divorce, custody, property division upon divorce to the competent People’s Court.
The Court reviews the documents. If the conditions are met, the Court notifies for the payment of advance Court fees. The Court accepts the written request when the spouses submit the receipt for the payment of the advance Court fees.
If the conciliation is successful: The court suspends the settlement of the couple’s divorce request.
If the conciliation fails: The court recognizes the agreement of the divorce and the agreement of the husband and wife.
Above are some things to know about divorce proceedings. Feel free to contact us for more detailed instructions: letran@familylawyers.vn
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Ward 10, Phu Nhuan District, Ho Chi Minh City
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Ho Chi Minh City
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