Divorce Lawyers 22/10/2022
Divorce is defined as the legal dissolution of society and a legally recognized marital relationship that alters the obligations and privileges of the two persons involved. It is also a major life transition that has far-reaching legal consequences. Apolo Lawyers - Solicitors & Litigators ((+84) 903 419 479) will help you learn about all the latest divorce procedures in Vietnam through this article.
The petitioner has to prepare a dossier for the unilateral divorce and submit it to a competent Court.
After receiving the petition, the Court will consider the case. Depending on this, the Court will return the petition, request amendments and supplements or handle the petition.
During this proceeding, the Court will hold a meeting to inspect the handover, access, publicity of evidence and conciliation.
If the conciliation is successful: the Court makes a record of successful conciliation and after 07 days if the parties do not change their opinions, the Court will issue a decision to recognize the consensual divorce. This decision takes effect immediately without being appealed or protested against according to appellate procedure.
If the conciliation fails and the case is not one of the cases which suspend or temporarily suspend, the Judge will issue the decision to bring the case to trial.
At this stage, the Court will conduct a First instance trial and issue a divorce judgment
Accordingly, the Court will settle for divorce if there is evidence that the husband or wife commits domestic violence or seriously violates the rights and obligations of the husband and wife, causing the marriage to fall into a serious state which cannot last and the purpose of marriage is not achieved.
The divorce judgment of the Court can be appealed for re-settlement according to the appellate procedure.
According to the provisions of Article 479 of the Civil Procedure Code 2015, the time limit for appealing against a Court Judgment or Decision on the trial of a civil case involving foreign elements is prescribed as follows:
The involved parties present in Vietnam have the right to appeal against the court judgment or decision within 15 days for appeal against the judgment of the first-instance trial.
In case the involved party residing abroad are not present at the trial, the time limit for appealing against the court judgment or decision is 01 month from the date the judgment or decision is properly served or from the date the judgment or decision is duly served. The decision is duly posted by law.
In case the Court conducts a trial in the absence of overseas involved parties as prescribed at Point c, Clause 5, Article 477 of the Civil Procedure Code 2015, the time limit for appeal is 12 months from the date of judgment pronouncement.
>>> Read more: Dossier and procedure for unilateral divorce with foreigner
The latest divorce procedure in Vietnam
The husband and wife prepare all the documents mentioned above and submit them to the competent Court.
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 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 major 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: When the dossier is complete and the requester has paid the fee, the Court will accept the case.
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 after conciliation, the husband and wife reunite, the judge will issue a decision to suspend the settlement of their request.
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.
The latest divorce procedure in Vietnam
>>> Read more: Dossier and procedure for consensual divorce with foreigner
If you want a quick resolution of mutual consensual or unilateral divorce, do not hesitate to contact Apolo Lawyers. We will support our client with these tasks:
Receiving opinions, and needs of clients on divorce, property division, and child-rearing upon divorce.
Consulting on the conditions of the consensual divorce, the subject has the right to request the Court to settle the divorce by 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 requests for recognition of consensual divorce.
Support clients in the process of working with competent authorities;
Consulting on the fees of a consensual divorce, and time to resolve the recognition of consensual divorce of the Court.