How much money does a quick unilateral divorce cost?

2-19

 

1. How much money does a quick unilateral divorce cost?

Divorce by Unilateral 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 factors can influence the cost of a unilateral divorce?

Answer 1: The cost of a unilateral divorce can be influenced by several factors, including the complexity of the case, the need for legal representation, court fees, and any additional expenses related to resolving issues such as child custody or property division.

Question 2: What are the typical attorney fees associated with a unilateral divorce?

Answer 2: Attorney fees for a unilateral divorce can vary widely depending on the attorney's experience, location, and the specific circumstances of the case. Fees may be charged hourly or as a flat rate. On average, attorney fees for a divorce can range from a few thousand dollars to several thousand dollars.

Question 3: Are there court fees that need to be paid for a unilateral divorce?

Answer 3: Yes, there are typically court fees associated with filing for a unilateral divorce. The exact amount of court fees varies by jurisdiction, but they can range from a few hundred dollars to over a thousand dollars. These fees cover the cost of processing the divorce paperwork through the court system.

Question 4: How can individuals minimize the cost of a unilateral divorce?

Answer 4: Individuals can take several steps to minimize the cost of a unilateral divorce:
1. Open Communication: Maintaining open and constructive communication with the spouse can help reach agreements on key issues, reducing the need for costly legal battles.
2. Consider Mediation: Exploring mediation or alternative dispute resolution methods can be more cost-effective than litigation.
3. Choose an Experienced Attorney: Selecting an attorney with experience in family law and divorce cases can help streamline the process and potentially reduce legal costs.
4. Be Organized: Gathering and organizing all necessary financial and legal documents can save time and reduce attorney billable hours.
5. Understand Legal Fees: Clearly understanding the attorney's fee structure, such as hourly rates and retainer fees, can help individuals budget effectively.
6. Research Court Costs: Researching and budgeting for court filing fees in their jurisdiction is important to avoid surprises.
7. Explore Online Divorce Services: For uncontested divorces, online divorce services may provide cost-effective options by offering guidance and forms for self-representation.

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