04 Notes In Case Of Consensual Divorce

Here is a summary of 04 notes in case of consensual divorce for couples.

1. Consensual divorce is a case of divorce in which there is consent and agreement of both husband and wife. 

In case of only the husband or wife requests for divorce, the divorce will be implemented at the request of one party (unilateral divorce) 

Spouses need to agree together not only in divorce but also other issues related to divorce, including custody of children and common property rights during the marriage period. The document requesting the court to recognize the consensual divorce must be signed by the couple. 

Spouses need to agree together not only on divorce but also on other issues related to divorce, including custody of children and common property rights during the marriage period. The document requesting the court to recognize the consent of the divorce must be signed by the couple. 

If the husband and wife cannot agree on all of the above-mentioned issues, the husband and wife cannot consent to the divorce but must unilaterally divorce.

2. The Court is the place in which divorce is recognized consent. 

Clause 14, Article 3 of the Law on Marriage and Family 2014: 

“Divorce means termination of the husband and wife relation under legally effective judgment or decision of the Court.” 

Similar to the marriage must take place at the competent People committee, the consensual divorce needs to be recognized by the Court. 

3. Time frame to implement consensual divorce procedures is about 02 - 03 months. 

The divorce is agreed upon by both spouses, the settlement time will be faster than there is only the request of one party. However, the procedure must still comply with the provisions of the Civil Procedure Code. 

However, this time is relative because it is still based on many factors and specific details of each case. Therefore, the time to resolve a divorce case is about 02 - 03 months. If the Court settles according to summary procedures, the timeframe is 30 days. 

4. Fees need to be paid when conducting divorce proceedings at the Court. 

In Resolution No.326/2016/UBTVQH14, the Court fee and administrative fees in the field of marriage and family are divided into quotas and non-quotas. Accordingly, in the case of consenta to divorce, the Court fee is a non-quota legal fee in the amount of 300.000 VND 

Apolo Lawyers - Solicitors & Litigators is very confident to help you resolve your problem relating to divorce. So, do not hesitate to contact us via Tel: (+84) 903.419.479 for more information. 

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