Fastest divorce procedures

 

 

1. Fastest divorce procedures

When conflicts within a married couple escalate to a severe level, rendering the continuation of their shared life unfeasible and undermining the marriage's intended purpose, both parties possess the right to petition the Court for divorce. If mutual consent for divorce remains unattainable, the unilateral divorce procedure (commonly known as divorce at the request of one party) becomes the recourse. When conflicts within a married couple escalate to a severe level, rendering the continuation of their shared life unfeasible and undermining the marriage's intended purpose, both parties possess the right to petition the Court for divorce. If mutual consent for divorce remains unattainable, the unilateral divorce procedure (commonly known as divorce at the request of one party) becomes the recourse.

2. To expedite the unilateral divorce process, it is crucial to have a comprehensive understanding of the Unilateral Divorce Regulations

Article 56 of the 2014 Marriage and Family Law outlines the provisions for unilateral divorce as follows:

1. When one spouse seeks divorce, and court-mediated reconciliation proves unsuccessful, the Court may grant the divorce if there are grounds indicating that the spouse has engaged in domestic violence or significantly violated the rights and responsibilities of the spouse, causing the marriage to deteriorate to a critical state, making cohabitation unviable, and negating the marriage's purpose.

2. If a spouse of a person declared missing by the Court requests a divorce, the Court will grant the divorce.

3. If a divorce request aligns with the conditions set forth in Clause 2, Article 51 of this Law, the court will grant the divorce if there are grounds indicating that the husband or wife has committed acts of domestic violence that have caused severe impacts on the life, health, and well-being of the other person."

Hence, following unsuccessful court-mediated reconciliation and reunification attempts, the Court will adjudicate the unilateral divorce request based on the grounds specified in Clause 1, Article 56 of the 2014 Marriage and Family Law. Below, our Legal Firm will offer initial guidance on unilateral divorce procedures in Vietnam for your convenience.
Unilateral divorce procedures in Vietnam

3. Factors the Court will consider in the unilateral divorce case

In a divorce case, there are three legal issues to address:

1. Marital dissolution: Resolving the termination of the marital relationship.

2. Property division: Allocating common assets and debts. Can both parties mutually agree on common property and common debt, or should the Court make the determination? If the Court is to decide, what is the applicable court fee?

3. Child custody arrangements: Determining who will have primary custody of shared children, addressing child support matters, and establishing visitation rights.

In divorce cases, apart from concluding the husband and wife's relationship, property and child-related issues often become contentious, occasionally proving intricate and challenging. Typically, both parties seek a more substantial share of assets, while custody of children is a common point of contention. The Court will deliberate and decide based on the parties' arguments and legal evidence.

4. Application dossier for unilateral divorce in Vietnam

- Divorce application.
- Original or certified copy of the marriage registration certificate.
- Spouses' household registration documents and identity cards (certified copies).
- Children's birth certificates (certified copies if applicable).
- Additional documents and evidence substantiating shared assets, such as certified copies of land use rights certificates (red book), vehicle registrations, passbooks, etc.
Unilateral divorce procedures in Vietnam

5. Divorce procedure

Step 1: Submit the divorce petition to the District Court in the jurisdiction where the defendant resides or works.

Step 2: Upon receipt of the lawsuit petition and valid documentation, the Court will issue an advance notice for court fee payment.

Step 3: Pay the initial civil court fee at the District Judgment Execution Sub-Department and provide the receipt to the Court.

Step 4: The Court accepts the case, follows standard case resolution procedures, and issues a judgment or decision to resolve the matter.
While divorce, whether unilateral or mutual, is typically an undesirable event, once you acknowledge the necessity of divorce, it is advisable to seek the assistance of a lawyer or contact Apolo Lawyers to retain legal representation. This ensures that your rights are safeguarded and the ensuing procedures and consequences are expedited and managed efficiently.

Q&A

Question 1: What is the fastest divorce procedure available in most jurisdictions?

Question 2: How long does the fastest divorce procedure typically take?

Question 3: What are some ways to expedite the divorce process further?

Question 4: Are there any disadvantages or drawbacks to pursuing the fastest divorce procedure?