1. Download Divorce Application Form: A Convenient Resource for Initiating Divorce Proceedings
The Law on Marriage and Family does not have specific regulations on the form and content of a divorce application. Currently, according to Article 396 of the 2015 Civil Procedure Code, a divorce application must include the information specified in Clause 2, Article 362 of the 2015 Civil Procedure Code. A divorce application is considered a request for settlement dispute between the parties a civil dispute topic and includes the following basic contents:
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SOCIALIST REPUBLIC OF VIETNAM Independence – Liberty – Happiness [At][*], [date][*] [month] [*] [year][*] PETITION To: The People’s Court [*] Full name of the husband: [*] Address: [*] Phone: [*] (if any) Fax: [*] (if any) E-mail address: [*] (if any)
Full name of the wife [*] Address: [*] Phone: [*] (if any) Fax: [*] (if any) E-mail address: [*] (if any) We respectfully petition the People’s Court [*] to recognize matters set forth below: 2. With respect to the marriage relationWe entered into matrimony willingly, celebrated our union in accordance with traditional customs, and formally registered our marriage in [year] [*], at The People’s Committee of [*] Commune/Ward/Township. For the initial [*] years of our marriage, we experienced harmony and affection, deeply loving each other. However, starting from [year], discord began to surface regularly due to differing perspectives on marriage and family life. Despite the well-intentioned efforts of our parents and relatives to mediate and bridge our differences, we find that the mutual love between husband and wife has waned, making cohabitation untenable and the original purpose of our marriage unattainable. Consequently, we both genuinely desire a divorce and respectfully request the Court to acknowledge our mutual consent divorce. 3. With respect to the childrenThroughout our shared journey, we have been blessed with [] children, including our first child, named [Full name] and born on [*] / [*] / [*], and potentially our second child, named [Full name] and born on [*] / [*] / [*] (if applicable). Given that our child named [*] is still a minor, we mutually agree that Mr./Mrs. [*] will have primary custody of [*] following the divorce. Both of us are committed to providing support for [*] until they reach adulthood. 4. With respect to the property(i) We have no shared assets from our time together. Hence, we do not seek the Court's intervention in this matter. (ii) We do not wish for the Court to make any decisions regarding the division of property. (iii) We do seek the Court's involvement in property division, and the details of the shared property and our respective requests are outlined as follows: (please specify the information about the common property and the petition on the property being divided). 5. With respect to the liabilities(Include specific information about the shared property and your proposed division. For example: common debt…) Full name of the person with related rights and interests (if any) [*] Address: [*] Phone: [*] (if any) Fax: [*] (if any) E-mail address: [*] (if any) The attached documents and evidence accompanying this mutual consent divorce petition are as follows:
(Include any additional information deemed necessary for the case's resolution) [*] The applican |
In addition to the required information, the mutual divorce petition should contain pertinent and detailed details concerning the marital relationship, agreements pertaining to child custody, and the division of assets in the event of divorce. Specifically:
Regarding the marital relationship, the mutual divorce request should include the date of marriage, an explanation of the reasons for conflicts and when they commenced, how the couple attempted to resolve these conflicts, whether third parties were involved in mediation, and whether the couple is living together or has separated, along with the duration of separation.
Concerning shared children, the mutual divorce petition must list all common children or stepchildren, including adopted children, with comprehensive information such as full names, dates of birth, and current custodial arrangements. Additionally, the couple may reach an agreement on child custody and the financial obligations associated with it post-divorce or designate a guardian to fulfill these obligations in accordance with the law.
Regarding property, the mutual divorce petition should detail all marital assets, including the type of assets, date of acquisition, purchase price, the individual using the property, current valuation, and encompass the following:
- Agreement on the division of marital assets.
- In cases where no consensus on asset division is reached, each party's stance or a request for court resolution.
- Agreement on property separation.
Regarding residential properties and land usage rights of the spouses, provide details about their acquisition or construction, purchase price, dimensions, current valuation, and the agreement regarding division.
If the properties are owned by other individuals, such as the father-in-law or mother-in-law, specify the owner's name and address.
In reference to other obligations outlined in the mutual divorce petition, if the spouses are indebted and seek court resolution, clearly identify the debtors, the post-divorce debt responsibility, and propose court action. If there are requests for settling contributions with the husband's family or wife's family, clarify the requests and provide evidence. If the couple has no shared assets or does not seek court settlement, this should be explicitly stated.
Once the divorce documents are prepared, both spouses must sign the petition and jointly visit the Court to apply for a mutual consent divorce.
The aforementioned guidelines adhere to the legal framework for mutual divorce petitions. If you require legal guidance regarding mutual divorce petitions, please do not hesitate to contact us.
ACC Group is a professional consulting firm based in Vietnam, with nearly 100 team members operating across three offices in Ho Chi Minh City, Hanoi, and Danang. ACC Group is recognized as a prominent consulting firm specializing in various areas of business law in Vietnam, with leading expertise in the legal market, including Labor and Employment, Taxation, Mergers and Acquisitions, and Litigation. We are committed to delivering optimal and efficient civil litigation services to our clients.
6. Why should professionals use ACC Law Firm's Foreign Divorce Lawyer: Navigating International Divorce Proceedings service?
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Expertise in International Divorce: ACC Law Firm specializes in international divorce cases, and their legal professionals possess extensive knowledge and experience in handling the unique legal considerations, complexities, and challenges that arise in divorces involving parties from different countries.
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International Legal Compliance: Divorce cases with international elements often require compliance with multiple sets of laws, treaties, and agreements. ACC Law Firm's service ensures that professionals navigate the legal landscape effectively, ensuring compliance with both local and international legal requirements.
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Customized Guidance: Each international divorce case is unique, with specific legal and jurisdictional nuances. ACC Law Firm provides tailored guidance to professionals, helping them address the specific circumstances of their case and meet both local and international legal standards.
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Protection of Rights: Divorces with foreign elements can have significant financial, property, and child custody implications. ACC Law Firm's service ensures that professionals protect their rights and interests, especially when dealing with complex international property division or cross-border child custody matters.
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Avoiding Legal Pitfalls: International divorce cases can be legally complex and may involve intricate procedural requirements. ACC Law Firm's guidance helps professionals avoid procedural errors and navigate the complexities, ensuring a smoother and more efficient divorce process.
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Interpreting and Translating Documents: International divorces may involve documents in different languages. ACC Law Firm can assist professionals in interpreting and translating legal documents related to their divorce proceedings, ensuring a clear understanding.
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Confidentiality: ACC Law Firm prioritizes client confidentiality, ensuring the secure handling of personal and legal information related to divorce proceedings.
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Peace of Mind: Navigating international divorce proceedings can be emotionally challenging and stressful. ACC Law Firm's service provides peace of mind by offering professionals a clear and legally compliant path forward, reducing stress and uncertainty.
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Time and Efficiency: Dealing with multiple legal systems and regulations across borders can be time-consuming. ACC Law Firm's service streamlines the process, saving professionals valuable time and effort.
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Cost-Effectiveness: Attempting to navigate international divorce proceedings independently can lead to costly legal disputes and delays. ACC Law Firm's services are often more cost-effective in the long run, minimizing the risk of expensive legal complications.
Q&A
Question 1: What is a divorce application form, and why is it a convenient resource for initiating divorce proceedings?
Answer 1: A divorce application form is a legal document used to initiate the divorce process by formally requesting the dissolution of a marriage. It is convenient because it provides a structured format for individuals to request a divorce, specify their grounds for divorce, and outline their preferences regarding child custody, support, and property division. Downloading this form online makes it accessible and saves time compared to obtaining it in person.
Question 2: Where can individuals typically download divorce application forms, and are they available for free?
Answer 2: Individuals can typically download divorce application forms from various sources, including:
- Official court websites: Many courts offer divorce forms for download, which are often free of charge.
- Online legal document providers: Some websites offer divorce form kits that can be customized to individual needs for a fee.
- Legal aid organizations: In some cases, legal aid organizations provide free divorce forms to individuals with limited financial resources.
Question 3: What information is typically required when filling out a divorce application form, and how should individuals ensure its accuracy?
Answer 3: When filling out a divorce application form, individuals typically need to provide information about themselves, their spouse, the grounds for divorce, and their preferences for child custody, support, and property division. Accuracy is crucial, so individuals should:
- Review the form carefully, following the instructions provided.
- Ensure that all personal details are accurate and up-to-date.
- Clearly state their preferences and reasons for divorce.
Question 4: Can individuals complete the entire divorce process using a downloaded application form, or should they seek legal advice?
Answer 4: While individuals can initiate the divorce process using a downloaded application form, it's important to consider the complexity of the divorce. Simple, uncontested divorces may be manageable with the form, but more complex cases may require legal advice or representation. Consulting with an attorney is advisable, especially for cases involving child custody, significant assets, or disputes, to ensure that the divorce complies with the law and protects your rights and interests.
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