Divorce forms 2024

1. Divorce forms 2023

According to Clause 14, Section 3 of the 2014 Law on Marriage and Family, divorce is the termination of the marital relationship between husband and wife by a legally effective judgment or decision of the Court.

2. Divorce application form 2023

- The form for divorce application by mutual agreement in 2023 is identified as Form No. 01-VDS (Application for resolution of civil matters) issued with Resolution 04/2018/NQ-HDTP (amending Resolution 01 /2017). /NQ-HDTP). cache-viet-don't-ly-hon-thuan-tinh-1
- For unilateral divorce cases in 2023, the designated application form is Form No. 23-DS (Request for Compensation), issued with Resolution 01/2017/NQ-HDTP. mau-so-23-ds-don-khoi-kien-page-0001

3. Right to sue for divorce in Vietnam

- Spouse or both spouses have the right to request the Court to intervene in divorce settlement. - The father, mother or other relatives of the spouse also have the right to ask the court to intervene in case of divorce in which the spouse cannot understand and control his or her actions due to mental illness or other mental illness. , and at the same time suffer from family burdens. spousal violence. spouse seriously endangers their life, health or well-being. - It is important to note that the husband does not have the right to file for divorce when his wife is pregnant, has just given birth, or is breastfeeding for less than 12 months. (Section 51 Law on Marriage and Family 2014)

4. Principles for dividing common property between husband and wife upon divorce in Vietnam

- Ideally, the division of marital property is agreed upon by the parties when applying the legal marriage regime. In case an agreement cannot be reached, the court will resolve it according to the provisions of Clauses 2, 3, 4, 5, Section 59 and Sections 60, 61, 62, 63, 64 of the 2014 Marriage and Family Law. at the request of one or both spouses. In case there is an agreed-upon marriage regime, the division of property upon divorce must be in accordance with the agreed terms. If the agreement is incomplete or unclear, the division will be carried out according to the corresponding provisions in Clauses 2, 3, 4, 5, Article 59 and Articles 60, 61, 62, 63, 64 of the 2014 Marriage Law. and family. - The division of common property takes into account many different factors, including family circumstances, the individual's contribution to creating and maintaining common property (even recognizing family work as work). generate income), protecting each person's interests in accordance with their circumstances. professional activities and evaluate violations of the rights and obligations of husband and wife. - The common property of husband and wife is usually divided in kind, but when this is not possible, it is divided according to taxable value. The party who receives property of greater value than the property to which he or she is entitled must compensate the other party for the difference. - Separate property is still the property of husband and wife, unless that property is included in common property according to the provisions of this Law. In case private property is merged with common property and is in dispute, the plaintiff husband and wife will be compensated for the value of the property they contributed to the common property, unless both husband and wife have agreed otherwise. - The legal rights and interests of spouses, minor children, and adult children who do not have legal capacity or means to support themselves must be protected. - The Supreme People's Court is responsible for coordinating with the Supreme People's Procuracy and the Ministry of Justice to guide Article 59 of the 2014 Law on Marriage and Family. (Section 59 Law on Marriage and Family 2014). 

Q&A

Question 1: What is the 2023 divorce form used for?

Answer 1: The 2023 divorce application is the official document used to initiate divorce proceedings in 2023. This is the main means for individuals to officially request a divorce through legal channels .

Question 2: Are there different types of divorce petitions in 2023?

Answer 2: Yes, in 2023 there are many different divorce forms suitable for different types of divorce. Specifically, there is a separate form of divorce by consent, another form of contested divorce, and another form of unilateral divorce.

Question 3: Where can individuals get divorce forms in 2023?

Answer 3: In general, individuals can obtain 2023 divorce forms from local courts or relevant legal authorities. These forms may also be available online from official government websites or from legal service providers.

Question 4: What additional documents or information are usually needed in the 2023 divorce form?

Answer 4: In addition to the 2023 Petition for Divorce Form, individuals may be required to submit supporting documents, such as marriage certificates, proof of assets and property ownership, and information details about child custody and alimony agreements, if any. Specific requirements may vary depending on the type of divorce and local regulations. It is advisable to consult with legal experts or relevant authorities to ensure that all necessary documents are included in the application.