1. How much does divorce proceedings cost?
Divorce by mutual consent is considered a resolution of civil, marital and family issues. According to the List of court fees and charges issued with Resolution 326/2016/UUBTVQH14, there are regulations on court fees for resolving a divorce by mutual consent as follows:
|
II |
Civil court fees |
|
|
1 |
First-instance civil court costs |
|
|
1.1 |
For civil, marriage and family disputes, labor has no value |
300,000 VND |
|
1.2 |
For disputes over business and trade, there is no quota |
3,000,000 VND |
|
1.3 |
For civil, marriage and family disputes with a value |
|
|
a |
From 6,000,000 VND or less |
300,000 VND |
|
b |
From over 6,000,000 VND to 400,000,000 VND |
5% of the disputed property value |
|
c |
From over 400,000,000 VND to 800,000,000 VND |
20,000. 000 VND + 4% of the disputed property value exceeding 400,000,000 VND |
|
d |
From over 800,000,000 VND to 2,000,000,000 VND |
36,000,000 VND + 3% of the disputed property value exceeding 800,000,000 VND |
| dd |
From over 2,000,000,000 VND to 4,000,000,000 VND |
72,000,000 VND + 2% of the disputed property value exceeding 2,000,000,000 VND |
|
e |
From over 4,000,000,000 VND |
VND 112,000,000 + 0.1% of the disputed property value exceeding VND 4,000,000,000. |
|
1.4 |
For disputes over business and trade with quotas |
|
|
a |
From 60,000,000 VND or less |
3,000,000 VND |
|
b |
From over 60,000,000 VND to 400,000,000 VND |
5% of the disputed value |
|
c |
From over 400,000,000 VND to 800,000,000 VND |
20,000,000 VND + 4% of the disputed value exceeding 400,000,000 VND |
|
d |
From over 800,000,000 VND to 2,000,000,000 VND |
36,000,000 VND + 3% of the disputed value exceeding 800,000,000 VND |
| dd |
From over 2,000,000,000 VND to 4,000,000,000 VND |
72,000,000 VND + 2% of the disputed value exceeding 2,000,000,000 VND |
|
e |
From over 4,000,000,000 VND |
112,000,000 VND + 0.1% of the disputed value exceeding 4,000,000,000 VND |
|
1.5 |
For labor disputes, there is a quota price |
|
|
a |
From 6,000,000 VND or less |
300,000 VND |
|
b |
From over 6,000,000 VND to 400,000,000 VND |
3% of the disputed value, but not less than 300,000 VND |
|
c |
From over 400,000,000 VND to 2,000,000,000 VND |
12,000,000 VND + 2% of the disputed value exceeding 400,000,000 VND |
|
d |
From over 2,000,000,000 VND |
44,000,000 VND + 0.1% of the disputed value exceeding 2,000,000,000 VND |
|
2 |
Appellate Civil Court Fees |
|
|
2.1 |
For civil, marriage, family, and labor disputes |
300,000 VND |
|
2.2 |
For business and commercial disputes |
2,000,000 VND |
Thus, the first instance court fee for resolving a divorce by mutual consent without a quota is 300,000 VND. The court fee for appellate instance an divorce by mutual consent is 300,000 VND.
2. When shall a divorce by mutual consent be recognized by the Courts in Vietnam?
Pursuant to Article 55 of the Law on Marriage and Family in 2014 stipulating divorce by mutual consent as follows:
As regulations above, when both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children.
Q&A
Question 1: What are the typical costs associated with divorce proceedings?
Answer 1: The costs of divorce proceedings can vary widely depending on factors such as the complexity of the case, legal fees, court filing fees, and whether you and your spouse can reach an amicable settlement. It's essential to consult with an attorney or legal expert to get a more accurate estimate based on your specific circumstances.
Question 2: Are there any court filing fees for initiating a divorce?
Answer 2: Yes, in many jurisdictions, there are court filing fees associated with initiating a divorce. The amount can vary by location, so it's important to check with your local family court or consult an attorney for the current fee schedule.
Question 3: What are some factors that can increase the cost of divorce proceedings?
Answer 3: Several factors can increase the cost of divorce, including disputes over child custody, property division, and alimony. If the divorce is contested and requires extensive legal proceedings, such as trials or mediation, the costs can escalate significantly.
Question 4: Are there ways to reduce the cost of divorce proceedings?
Answer 4: Yes, there are several strategies to potentially reduce the cost of divorce. These include opting for mediation or collaborative divorce when possible, being willing to negotiate and compromise with your spouse, and staying organized with all required documents and information to minimize attorney billable hours. Consulting with an attorney early in the process to understand your options can also help you make cost-effective decisions.
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