1. Handwritten divorce 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:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Liberty – Happiness
[At][*], [date][*] [month] [*] [year][*]
MUTUAL 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 relation
We 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 children
Throughout 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:
Identification Card (Duly certified);
Household Registration Book/Temporary Residence Book (Duly certified);
Original Marriage Certificate;
Certified copies of Birth Certificates;
Any other relevant documents pertaining to property, such as Land Use Rights Certificates or vehicle registration certificates.
(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.
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Q&A
Question 1: What is a handwritten divorce form in 2023, and how is it different from other divorce forms?
Answer 1: A handwritten divorce form in 2023 is a legal document used by individuals seeking a divorce. It is typically filled out by hand and contains essential information about the divorcing parties, such as their names, addresses, and the grounds for divorce. The key difference from other divorce forms is that it is handwritten by the parties themselves rather than being pre-printed or generated electronically.
Question 2: Is a handwritten divorce form in 2023 legally valid, and can it be used to file for divorce?
Answer 2: Yes, a handwritten divorce form can be legally valid in 2023 if it complies with the laws and regulations of the jurisdiction in which it is filed. However, it's essential to ensure that the form adheres to all legal requirements and is accepted by the court. Consulting with an attorney or using a reputable divorce kit is advisable to avoid potential legal issues.
Question 3: What are the key components that should be included in a handwritten divorce form in 2023?
Answer 3: A handwritten divorce form in 2023 should include essential information such as the names and addresses of both spouses, the grounds for divorce, details on property and asset division, arrangements for child custody and visitation (if applicable), and any other terms or conditions the divorcing parties have agreed upon. It must also be signed and dated by both spouses.
Question 4: Can a handwritten divorce form be modified or amended after it's been completed in 2023?
Answer 4: Yes, a handwritten divorce form in 2023 can be modified or amended if both parties agree to the changes. Any modifications should be made in writing, signed by both spouses, and submitted to the court for approval as part of the divorce proceedings. It's important to follow the proper legal procedures to ensure the modifications are legally enforceable.
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