1. How to write the latest mutual consent divorce form: A Comprehensive Guide
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.
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Legal Expertise: ACC Law Firm specializes in divorce proceedings and legal documentation. Their legal professionals have the expertise to provide comprehensive guidance on how to correctly draft the latest mutual consent divorce form, ensuring compliance with all relevant legal requirements and standards.
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Q&A
Question 1: What is the process for creating the latest mutual consent divorce form, and why is it important to keep it up-to-date?
Answer 1: The process for creating the latest mutual consent divorce form involves legal experts and authorities responsible for family law matters. It's important to keep it up-to-date to reflect changes in laws, regulations, and societal norms that may impact divorce proceedings. This ensures that the form remains a relevant and reliable tool for couples seeking mutual consent divorces.
Question 2: What are the key elements that should be included in the latest mutual consent divorce form to make it comprehensive and user-friendly?
Answer 2: The latest mutual consent divorce form should include key elements such as:
- Clear instructions for completing the form.
- Sections for spouses' personal information.
- Grounds for divorce.
- Comprehensive child custody and support provisions.
- Spousal support (alimony) details.
- Provisions for property division.
- Legal language and clauses that comply with local laws.
- Signature lines for both spouses to indicate their consent.
Question 3: How can legal professionals and experts ensure that the latest mutual consent divorce form is user-friendly for individuals seeking divorce?
Answer 3: Legal professionals and experts can ensure user-friendliness by:
- Using plain and straightforward language in the form's instructions and content.
- Providing clear explanations of legal terms and concepts.
- Structuring the form logically, with numbered sections and clear headings.
- Testing the form with individuals to identify any potential sources of confusion.
- Offering resources or helplines for those who need assistance while filling out the form.
Question 4: What role does customization play in the latest mutual consent divorce form, and how can it accommodate unique circumsta#nces?
Answer 4: Customization is important in the latest mutual consent divorce form to accommodate unique circumstances. The form should be designed to allow couples to specify their individual agreements and arrangements, such as child custody schedules tailored to their children's needs or property division based on their specific assets. Customization ensures that the form remains versatile and adaptable to various divorce scenarios while still adhering to legal standards.
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