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Divorce services in Ho Chi Minh City 2022

Divorce Lawyers 22/10/2022

​If marriage is the beginning to establish a husband and wife relationship, divorce is the end point of this relationship. When married life can no longer be maintained, divorce is the best solution to free both parties, especially in the case of one party. Through this article, Apolo Lawyers will provide Clients with divorce service in Ho Chi Minh City 2022.

1. Paperwork for divorce services in Ho Chi Minh 2022

According to the Civil Procedure Code 2015, the jurisdiction of the Court in settling divorce procedure is determined according to the following principles:

1.1. Jurisdiction of the Courts at all levels

  • District-level People Courts settle divorces procedure, child custody disputes, and property division upon divorce, except for disputes where the involved parties or assets are overseas or require judicial entrustment to the agency representing the Socialist Republic of Vietnam abroad, for courts and competent agencies of foreign countries

  • Provincial-level People Courts are competent to settle divorces, disputes over child rearing and property division upon divorce, which are not under the jurisdiction of district-level People Courts.

  • Therefore, People Court of Ho Chi Minh City will have jurisdiction to settle divorce with foreigner in Ho Chi Minh City. 

1.2. Jurisdiction of the Court by territory

The jurisdiction of the Court to settle divorces, disputes over child rearing and property division upon divorce procedure by territory is determined as follows:

  • The court where the defendant resides; or

  • The involved parties have the right to reach an agreement among themselves in writing to request the Court of the place where the plaintiff resides or works to settle the matter; or

  • If the defendant place of residence or work is unknown, the plaintiff may request the court of the place where the defendant last resided or worked or where the defendant has the property to settle the divorce procedure.

>>> Read more: The latest divorce procedure in Vietnam

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Divorce services in Ho Chi Minh city 2022​

2. Procedure for consenting divorce with foreigner in Ho Chi Minh city 2022

Step 1: Submit your application

The husband and wife prepare all the abovementioned documents and submit them to the competent Court.

Step 2: Receive and process the application

After receiving the application, the Court will consider and handle the following cases on a case-by-case basis:

- Returning the application: The court has the right to return the application and does not settle the divorce procedure in the following cases:

+ The requester does not have the right to request or does not have the capacity for civil procedure acts;

+ The case has been settled by a court or a competent state agency;

+ Civil matters that are not within the jurisdiction of the Court;

+ The requester does not amend or supply the request within the prescribed time limit;

+ The requester does not pay the fee within the prescribed time limit, unless the fee is exempted or not required or the payment is delayed due to force majeure events or objective obstacles;

+ The requester withdraws the application;

+ Other cases as prescribed by law;

- Requests for modification and supplementation of dossiers: In case the petition does not contain sufficient information, the judge will request the requester to amend and supply it within 07 days from the date the requester receives the request;

- Accepting the application: the Court will accept the case when the dossier is complete and the requester has paid the fee.

Step 3: Prepare to consider the application

  • During the time limit for preparing to consider the petition, before conducting conciliation for husband and wife reunification, when deeming it necessary, the Judge may consult with the state management agency in charge of the family, the state management agency in charge of children about the family situation, the causes of the conflict and the wishes of the spouse and children related to the case;

  • The judge must conduct mediation to reunite the spouses; explain the rights and obligations between husband and wife, between father, mother, and children, among other family members, about alimony and other issues related to marriage and family. In the case of conciliation, the conciliation meeting must be opened within 06 months and no later than 08 months from the date of issuing the notice of acceptance of the case. The date of resumption of the conciliation meeting (if applicable) is fixed within 1 month from the date of opening the mediation session;

  • In case, the husband and wife reunite after conciliation, the judge will issue a decision to suspend the settlement of their request.

Step 4: First-instance meeting

In case the conciliation and reunification are unsuccessful, the judge will open a meeting and issue a decision to recognize the consent of the parties to the divorce and the agreement of the involved parties as prescribed in Article 212 of the 2015 Civil Procedure Code when all the following conditions are fully satisfied:

  • Both parties voluntarily divorce;

  • The two parties have reached an agreement on the division or non-division of common property, the care, upbringing, and education of children;

  • The agreement must ensure the legitimate interests of the wife and children.

The decision on recognition of consent to divorce takes effect immediately and is not subject to appeal or protest according to appellate procedures.

>>> Read more: Get custody of children upon divorce in Vietnam

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Divorce services in Ho Chi Minh City 2022​

3. Divorce services in Ho Chi Minh 2022

Apolo Lawyers - Solicitors & Litigators is known as one of the most prestigious divorce services in Ho Chi Minh City. If you are in trouble and need legal support with divorce, Apolo Lawyers provides divorce services as below:

  • Support to carry out the dossiers regarding the divorce, the division of assets, and debt among spouses.

  • Set the terms for child custody and child support if there are children involved.

  • Conduct thorough research in order to gather supporting evidence in each case.

  • Compile detailed paperwork and then submit it to the court documenting the evidence.

  • For legal separations, our lawyers carry out the separation through court orders.

  • Propose the divorce mediation to come to a sensible divorce agreement that meets both of your needs.

  • Others work to provide divorce services in Ho Chi Minh and Vietnam

>>> Read more: How to get the fastest divorce in Vietnam?

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in a divorce involving foreign elements. Therefore, if you have any questions about divorce involving foreign elements and need support, do not hesitate to contact Apolo Lawyer via email: contact@apolo.com.vn and hotline: (+84) 903.419.479 to be consulted and helped most optimally.

APOLO LAWYERS

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