1. Handwritten divorce application form 2023
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][*] UNILATERAL DIVORCE 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 Handwritten divorce application form 2023 services?
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Legal Expertise: ACC Law Firm specializes in divorce proceedings and documentation. Their legal professionals possess the expertise necessary to guide professionals through the process of completing a handwritten divorce application form.
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Customization: Handwritten divorce applications allow for a high degree of customization. ACC Law Firm's services can be tailored to meet the specific needs and circumstances of professionals, ensuring that the application accurately reflects their individual situation.
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Personalization: Handwritten documents convey a personal touch, which can be important in divorce cases. ACC Law Firm's services enable professionals to express their intentions and agreements in their own words, making the application more personalized.
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Legal Validity: ACC Law Firm ensures that the handwritten divorce application form adheres to legal standards and requirements, ensuring its legal validity.
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Efficiency: While handwritten, ACC Law Firm's services provide guidance and templates, saving professionals valuable time and effort in the application process.
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Legal Protection: Using professionally facilitated handwritten applications offers legal protection by ensuring that professionals' rights and interests are clearly defined and legally recognized within the divorce application.
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Confidentiality: ACC Law Firm values client confidentiality and safeguards all personal and legal information related to the handwritten divorce application.
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Peace of Mind: Preparing a handwritten divorce application can be daunting. Using ACC Law Firm's services provides peace of mind, knowing that the process is being managed professionally, legally sound, and accurately expressed in the professionals' own words.
Q&A
Question 1: What is the purpose of the "Handwritten divorce application form 2023" and when would someone use it to initiate divorce proceedings?
Answer 1: The "Handwritten divorce application form 2023" is a legal document used by an individual who wishes to initiate divorce proceedings independently, without the agreement or consent of the other spouse. It is used when one party believes there are valid grounds for divorce, even if the other spouse disagrees, and it is specific to the year 2021.
Question 2: What information is typically required when completing the Handwritten divorce application form 2023?
Answer 2: When completing the Handwritten divorce application form 2023, individuals typically need to provide essential information, including:
- Their full name and contact details.
- The full name and contact details of the other spouse.
- Grounds for divorce (reasons for seeking divorce), which may vary by jurisdiction.
- Details about any children involved, such as their names, ages, and custody preferences.
- Specific requests related to property division, alimony, child custody, and support arrangements.
Question 3: How does the court typically process the Handwritten divorce application form 2023, and what steps follow its submission?
Answer 3: The court typically reviews the Handwritten divorce application form 2023 to ensure that it meets legal requirements, including valid grounds for divorce. After submission, the court may notify the other spouse of the divorce proceedings, and hearings may be scheduled to address issues such as property division and child custody. The court will ultimately decide on the divorce based on the evidence presented.
Question 4: Are there any specific legal requirements or conditions that must be met for a Handwritten divorce application form 2023 to be accepted by the court?
Answer 4: The legal requirements and conditions for accepting a Handwritten divorce application form 2023 can vary by jurisdiction and may depend on local laws and regulations. Generally, the petitioner must demonstrate valid grounds for divorce as defined by the specific laws of their jurisdiction. It is advisable to consult with legal counsel or refer to local court rules to understand the exact requirements and ensure that the application complies with local laws and procedures in the year 2023.
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