Procedures For Implementing Consensual Divorce

1/ Steps to carry out the consensual divorce procedure

To carry out the consensual divorce procedure, it is necessary to perform the following steps:

Step 1: Prepare the necessary legal documents and information about the spouse, common children, common property and common debt (if any);

Basic documents and information that need to be prepared for the Court to handle and recognize include:

• Application for consensual divorce;

• Marriage certificate (original);

• ID card/passport/passport (copy) of husband and wife;

• Proof of residence of the spouse if the actual residence is different from the permanent address of the spouse;

• A copy of the birth certificate of the child;

• Copies of documents proving the common property of the  spouses (real estate and registered property) and joint debt (if any);

Step 2: Determine the Court to settle the divorce by consent

The district court where the couple is actually residing or working will accept the divorce or the spouse must choose a Court at the district level where the wife is side or the place where the husband is actually residing/working; if the couple resides/works in two different places to resolve the amicable divorce; if the divorce is consensual with foreign elements, it shall belong to the provincial court);

Step 3: Go to the Court that will handle the divorce determined as Step 2 to ask and be guided on the procedure to write a consent divorce petition or ask a lawyer to draft a consent divorce petition according to the content, specific requirements as the wishes of the husband and wife have agreed;

Step 4: Both spouses sign the consent divorce petition, then both or one of them go to the Court to be determined as Step 2 to file the signed consent divorce petition and file prepared mentioned in Step 1 and received the appointment letter;

Step 5: At the appointment to return the results, go to the Court to receive the Notice of payment of court cost advance and payment of court fees, and submit a receipt for payment of court costs back to the Court;

Step 6: Wait for the summons for the couple to come to work and attend the meeting to resolve the amicable divorce;

Step 7: Receive the decision of the Court on the recognition of consensual divorce;

If during the settlement of the request for consent for divorce, one party changes its mind not to divorce or there is a dispute over child custody, alimony, property or common debt, the Court will move to settle the case according to the following unilateral divorce procedures.

>>>Read more: Consulting Lawyers Of Divorce Involving Foreign Elements

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2/ Service of preparing documents, consulting on divorce proceedings

Apolo Lawyers provides the following services related to consulting procedures for consensual divorce such as:

• Receiving opinions and needs of clients about divorce, property division, and child-rearing upon divorce;

• Consulting on conditions of consent to the divorce, the subject has the right to request the Court to settle the divorce in accordance with the law on marriage and family;

• Advice on the rights and obligations of the parties towards the other party, common property, common children, and common debt after divorce;

• Advice on the contents of the Application for Consent for Divorce: marital status, agreement on common property, common children, common debt;

• Advice on the handling order of the court and steps to be taken in the case of an uncontested divorce;

• Drafting and finalizing the form and detailed content of the Application;

• Help the Client to make and check the application for recognition of the consent of the divorce;

• Support customers in the process of working with competent authorities;

• Consultancy on the cost of a consensual divorce, time to resolve the recognition of the court of consent.

In order for the divorce to be resolved quickly, the divorce petitioner can carry out the divorce proceedings or ask for a divorce procedure consulting service. When comes to the divorce procedure consulting service at Apolo Lawyers - Solicitors & Litigators, our clients will be consulted and given solutions, the fastest and most time-saving procedures, customers can carry out unilateral divorce procedures with just one visit to the Court. With the enthusiastic support from the company, it will help clients not to spend a lot of time, on travel expenses, etc., but still, monitor and carry out the divorce procedure in the most reasonable time.

So, for further information, please contact us via email at contact@apolo.com.vn or  Hotline: (+84) 903.419.479

APOLO LAWYERS