1. Divorce application form vietnamese hand
As per Clause 14, Article 3 of the 2014 Law on Marriage and Family, divorce refers to the termination of the marital relationship between a husband and wife through a legally valid judgment or decision rendered by a court.
- The application form for a mutual consent divorce in 2023 is identified as Form No. 01-VDS (Application for the resolution of civil matters), which is issued in conjunction with Resolution 04/2018/NQ-HDTP (amending Resolution 01/2017/NQ-HDTP).
- For a unilateral divorce in 2023, the designated application form is Form No. 23-DS (Claim application), issued in conjunction with Resolution 01/2017/NQ-HDTP.
- Either the husband, the wife, or both individuals possess the entitlement to request a court's intervention in settling their divorce.
- A parent or another close relative of a spouse also retains the right to request court intervention in a divorce situation when the spouse is incapable of comprehending and controlling their actions due to mental illness or another ailment, and simultaneously suffers from domestic violence inflicted by their spouse, which gravely endangers their life, health, or well-being.
- It's important to note that a husband is not entitled to request a divorce when his wife is pregnant, has recently given birth, or is nursing a child under the age of 12 months. (Article 51 of the 2014 Law on Marriage and Family)
- The division of marital property should ideally be a result of mutual agreement when applying the statutory matrimonial property regime. In cases where an agreement cannot be reached, a court will resolve it in accordance with Clauses 2, 3, 4, and 5 of Article 59 and Articles 60, 61, 62, 63, and 64 of the 2014 Law on Marriage and Family, upon the request of one spouse or both.
When an agreed matrimonial property regime is in place, the property division upon divorce must align with the terms of the agreement. If the agreement is incomplete or unclear, the division will follow the corresponding provisions of Clauses 2, 3, 4, and 5 of Article 59 and Articles 60, 61, 62, 63, and 64 of the 2014 Law on Marriage and Family.
- The division of common property takes into account various factors, including family circumstances, individual contributions to the acquisition and upkeep of common assets (even recognizing housework as income-generating labor), protection of each spouse's interests in their professional endeavors, and assessment of any infringements upon spousal rights and obligations.
- Marital property is typically divided in kind, but when this isn't feasible, it is divided based on its assessed value. The party receiving property with a higher value than their entitlement must compensate the other party for the difference.
- Separate property remains under the ownership of the respective spouse, unless it has been integrated into common property as per the provisions of this law. If separate property that has merged with common property is contested, the requesting spouse will be compensated for the value of their contribution to the common property unless otherwise agreed upon by both spouses.
- Legal rights and interests of wives, minor children, or adult children who lack legal capacity or the means to support themselves must be safeguarded.
- The Supreme People’s Court bears primary responsibility, in coordination with the Supreme People’s Procuracy and the Ministry of Justice, for providing guidance on Article 59 of the 2014 Law on Marriage and Family. (Article 59 of the 2014 Law on Marriage and Family).
Q&A
Question 1: What is the purpose of the divorce application form for 2023?
Answer 1: The divorce application form for 2023 serves as the official document used to initiate the divorce process in the year 2023. It is the primary means by which individuals formally request the dissolution of their marriage through legal channels.
Question 2: Are there different divorce application forms for different types of divorces in 2023?
Answer 2: Yes, in 2023, there are different divorce application forms tailored to various types of divorces. Specifically, there is a distinct form for mutual consent divorce, another for contested divorce, and a separate form for unilateral divorce.
Question 3: Where can individuals obtain the divorce application forms for 2023?
Answer 3: Individuals can typically obtain the divorce application forms for 2023 from their local court or the relevant legal authorities. These forms may also be available online on official government websites or through legal service providers.
Question 4: What additional documents or information are typically required along with the divorce application form in 2023?
Answer 4: Along with the divorce application form for 2023, individuals may be required to submit supporting documents, such as marriage certificates, evidence of property and asset ownership, and details regarding child custody and support arrangements if applicable. The specific requirements can vary depending on the type of divorce and local regulations. It's advisable to consult with legal professionals or the relevant authorities to ensure all necessary documents are included with the application.
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