Service On Drafting Consensual Divorce Petition

1/ The grounds for divorce: 

In principle, a spouse has the right to request the Court to settle the divorce. 

The Court considers and decides to consent to a divorce when the following conditions are fully satisfied: 

• The situation of marriage is serious and stressful

• Cohabitation cannot be prolonged 

• The purpose of marriage is not achieved. 

2/ Conditions for proceeding with the procedure of consensual divorce 

Divorce is usually divided into two types: consensual divorce and unilateral divorce. To be able to proceed with the consensual divorce procedure, it is necessary to ensure the following conditions: 

• Both parties really voluntarily divorce;

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

Note: If both spouses have agreed on the divorce issue but cannot resolve the issue of child custody and property division, the Court will proceed with the settlement according to unilateral divorce procedures. 

3/ Drafting a divorce petition 

A petition for divorce should contain the following information: 

• Information of plaintiff, defendant, and people with related rights and obligations. 

• The content of the divorce petition contains the time of marriage, the place that you live together and whether you are currently living together, this part should show the status of the husband and wife conflict and the cause of the conflict. … the reason to make this petition is to ask the court to resolve the divorce. 

• Common child: if you have common children, write information about the children (name, date of birth…), wishes, and proposal to raise children… If there are no children in common, write no children. 

• The common property: If there is a property, write information about the property (list all), actual value, and proposed division … and If there is no common property, write none. 

• Joint debt: If there is a joint debt, specify the amount of the debt (money or assets, the name of the creditor, time to pay the debt …) and propose the division of debt repayment obligations in the application. If there is no joint debt, write none. 

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4/ Consultancy service on drafting divorce petition 

The divorce application is one of the indispensable documents of the implementation of the consensual divorce procedure at the Court. To make the consensual divorce process simple, time-saving and effective, clients can choose quick consensual divorce service in Ho Chi Minh City. Apolo Lawyers provides service on drafting consensual divorce petitions as follows: 

• Receiving opinions, and needs of clients on divorce, property division, and child-rearing upon divorce. 

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

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

• Consulting the contents in the Application for consensual divorce: marital status, agreement on common property, children, joint debt; 

• Advice on the handling order of the Court and steps to be taken in the case of a consensual divorce. 

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

• Help the client to make and check the dossier of request for recognition of consensual divorce. 

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

• Consulting on the fees of a consensual divorce, time to resolve the recognition of consensual divorce of the Court. ​

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