CONDITIONS AND PROCEDURES
Image 1. Thinh Tri Law - Conditions and procedures for unilateral divorce.
- In addition to the fact that husband and wife can agree on divorce by themselves, the law still allows husband and wife to submit an application to a competent People's Court to request a unilateral divorce. So how will the unilateral divorce proceedings be resolved? Let's find out with Thinh Tri Law in the following article.
1. The person has the right to file a unilateral divorce petition.
2. Necessary documents for unilateral divorce.
3. Where to file for divorce?
4. Time to conduct unilateral divorce.
5. Court fee for unilateral divorce.
- A unilateral divorce is not the same as a consensual divorce, which has the consent of both husband and wife, unilateral divorce is when one of the spouses requests a divorce.
- Pursuant to Article 51 of the Law on Marriage and Family 2014, which stipulates who can request a unilateral divorce, specifically:
- Husband, wife or both husband and wife have the right to request the competent People's Court to settle the divorce;
- Parents and other relatives of the couple have the right to request the People's Court to resolve the divorce when one of the spouses due to mental illness or other diseases is unable to perceive or control the divorce. At the same time, they are victims of domestic violence caused by the husband and wife, which seriously affects their lives, health and spirit.
- Thus, based on Article 56 of the Law on Marriage and Family 2014, the People's Court will proceed with the divorce settlement in case there are grounds to believe that the marriage is falling into a serious situation, the common life of the spouses cannot last, their marital purposes cannot be achieved because:
- One of the spouses commits domestic violence;
- Husband or wife has seriously violated the rights and obligations of husband and wife (including: love, fidelity, respect, mutual help and sharing, living together unless otherwise agreed by husband and wife), etc.
- At the same time, in Clause 2, Article 51 of the Law on Marriage and Family 2014 emphasizes the following:
- The husband does not have the right to request a divorce in case the wife is pregnant, giving birth or the wife is raising a child under 12 months old.
- Therefore, it can be seen that the unilateral divorce may be asked by the spouse or other relatives of the spouses (meeting the conditions prescribed by law) to request the competent People's Court to settle down.
→ More articles:
What is separation between spouses? Can I marry another person during the separation period?
- In order for the People's Court to have jurisdiction over a unilateral divorce, the petitioner for a unilateral divorce must fully prepare the following documents:
- Unilateral divorce application (according to the form);
- Original marriage registration certificate; if the petitioner for a unilateral divorce does not have the original, he/she may apply for a copy of the marriage registration certificate;
- An authenticated copy of ID card/Chip- based citizen card of the spouses;
- An authenticated copy of household registration book;
- An authenticated copy of the child's birth certificate (if the couple has a common child);
- In case husband and wife have common property: if they have common property and require division of common property upon divorce, prepare documents proving ownership of this common property…
→ Read more: Custody of children for a woman whose husband has died.
Figure 2. Thinh Tri Law - Where to file for divorce?
- Pursuant to Article 39 of the 2015 Civil Procedure Code, when requesting for a unilateral divorce, the person who requests for a unilateral divorce should file an application at the People's Court of the place where the defendant resides or works.
- Concurrently, based on Clause 1, Article 35 of the 2015 Civil Procedure Code, disputes over marriage and family will be settled by district courts according to first-instance procedures.
- However, if in this divorce case, the involved parties or involved parties have overseas assets, the district-level People's Courts will not have jurisdiction to settle, but this divorce case will fall under the jurisdiction of the district-level People's Courts. Provincial People's Court (Based on Article 37 of the 2015 Civil Procedure Code).
- Therefore, if two Vietnamese nationals divorce in the country, they will file a divorce petition at the district court where the person being asked for a unilateral divorce is residing and working. If the divorce case has foreign elements, it will be handled by the provincial People's Court.
- Time to conduct a unilateral divorce: Procedures for unilateral divorce will be carried out as a civil case. Therefore, according to the provisions of the Civil Procedure Code 2015 stipulating that the unilateral divorce time will have to go through stages such as: trial preparation, trial opening, etc.
- Normally, the time for the Court to resolve a unilateral divorce case usually lasts at least 04 months. However, in reality there are many complicated cases, due to many force majeure reasons, this time period may be longer than expected.
→ More articles: Advice on fastest divorce procedures during pregnancy.
- Unilateral divorce court fees: In a unilateral divorce case, in addition to the marriage relationship requirement, usually both husband and wife will ask the People's Court to divide the common property of the husband and wife. Therefore, according to the provisions of Resolution No. 326/2016/UBTVQH14, if a divorce case has no value, the court fee is 300,000 VND.
- In contrast, for divorce cases without a value, the Court will base on the value of the property that has been divided, the divorce court fee will be from 300,000 VND or more. In which, the highest with assets of over 04 billion VND, the court fee will be 112 million VND with 0.1% of the asset value exceeding 04 billion VND.
→ How to Get a Divorce Without Your Spouse?
→ What is the procedure for Divorce Without Your Spouse?
→ Detailed instructions on some regulations on child custody after divorce.
- Hope this article will provide useful information for you. Legal advice on marriage is one of the areas where Thinh Tri Law has a lot of practical experience. We are committed to providing the best solution for our customers.
- If you have any problems in the process of unilaterally divorce, please contact us for specific advice from professional lawyers. Because in fact, there are many cases that will arise during the divorce process, so the support of a lawyer will be the best solution for this problem. Please contact us via Hotline:
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