Service On Drafting Unilateral Divorce Petition

A well-prepared unilateral divorce petition states the facts, the legal requests and the evidence relied on. It should distinguish the request to end the marriage from additional issues such as parenting, support, asset division and financial obligations.

Regarding marital relations:

According to Article 56 Law on Marriage and Family 2014, when a spouse requests a divorce but the conciliation at the Court fails, the Court shall grant the unilateral divorce if there are grounds to do so such as: falling into a serious situation, the common life cannot be prolonged, the marriage purposes unachievable:  

• A spouse commits domestic violence

• The spouse seriously violates the rights and obligations of the spouse 

• The spouse of the person who is declared missing by the Court requests a divorce, the Court shall grant the divorce. 

Regarding common children:

The petitioner for a unilateral divorce must clearly state how many children the couple has, the requirements for child custody as well as support. If you want to raise a child, how much support should the other person require? Or how much you can support so that the other person can raise children. 

Regarding common property

In principle, if there is common property during the marriage, then that property will be divided during divorce. However, the Court will base on many factors to decide how to divide assets. Factors such as: 

• Circumstances of the family and of the husband and wife 

• The contribution of husband and wife 

• Protect the legitimate interests of each party in production, business and profession so that the parties have conditions to continue working to generate income. 

• The fault of each party in violation of the rights and obligations of husband and wife 

It is necessary to specify information and request for division of common property. If there is none, also clearly state that there is none and do not ask the Court to divide. 

Regarding common debts: If in the process of living, the couple has common debts and wants the Court to divide them, they must also clearly state the information, grounds and request to divide those debts. If there is none, specify none and do not ask the Court to divide. 

Jurion & Partners provides services related to unilateral divorce consulting service in Ho Chi Minh City such as: 

• Prepare divorce petitions 
• Prepare documents and evidence to be submitted to the Court 

• On behalf of clients to file documents at a competent Court

• Monitor records, supplement records when required by the Court 
• Assist clients in requesting the enforcement of legally effective divorce jundgments. 

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

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Once the husband and wife have caused the marriage to fall into serious condition, makes their common life no longer possible and the marriage purposes unachievable, the marriage and family law allows the couple to be unilateral divorce or agree to jointly request the Court to resolve the divorce. To ensure your rights, when you get a divorce, you need to have a very short and concise divorce petition but must have a full provision of law, clearly stating the petition to sue, therefore, you need to be supported by a lawyer for this service from the beginning of the divorce procedures.

Jurion & Partners always provide services on drafting unilateral divorce.