Initiating the Legal Separation Process

1. Initiating the Legal Separation Process

I want to unilaterally divorce my husband. How is the latest unilateral divorce form 2022 in Vietnam implemented? What are the conditions for unilateral divorce according to Vietnamese regulations? 

What are the conditions for being asked to unilaterally divorce in Vietnam?

Pursuant to Article 56 of the 2014 Law on Marriage and Family, divorce at the request of one party is as follows:

- When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

- When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

- For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Accordingly, if you want to unilaterally divorce, you must prove that you belong to the above cases

Unilateral divorce application

Unilateral request for divorce 

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

____________________

……(1), day…..month……year…….

PETITION

To: People's Court (2) ……………………

Full name of the plaintiff: (3) ………..……….. Address: (4) …………………………….. …….
Full name of person whose rights and interests are protected (if any) (5) ……………

Address: (6) ………………………………..
Full name of person prosecuted: (7) …….. ……………………. …….
Address: (8) …………………………….. …….
Full name of person with related rights and obligations (if any) (9) …….. ……. ………….
Address: (10) ……………………………..
Request the Court to resolve the following issues with the defendant and people with related rights and obligations (11) ………………………. . …………

……………………………..

……………………………..

Full name of witness (if any) (12) …….. ……………

Address: (13) ……….. ………………. ………..
Records and documents accompanying the petition include: (14)

Firstly………………………………………………………………………………………….
2 ……………………………..
……………………………..

(Other information that the plaintiff considers necessary for resolving the case) (15)

…………………………… ……….. ……………………………..………. ……….
Petitioner (16)

2. Instructions for using form No. 01

(1) Write down the location of application (for example: Hanoi, date…..month…..year……).
(2) Appoint a Court with jurisdiction to resolve the case; If it is a district People's Court, it is necessary to clearly identify which district People's Court belongs to the province or centrally run city (for example: People's Court of district A, province B), if it is a district People's Court. At the provincial level, the People's Court of the province (city) must clearly identify (for example, the People's Court of Hung Yen province) and the address of this Court.
(3) In case the requester is an individual, write full name; If the plaintiff is an agency or organization, write the name of the agency or organization and write the full name of the legal representative of the agency or organization that initiated the lawsuit. (4) If the plaintiff is an individual, write the full address of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H); If the plaintiff is an agency or organization, write the address of the headquarters of that agency or organization (for example: Hin Sen Co., Ltd. has headquarters: No. 20 LTK Street, HK District, H City).
(5), (7) and (9) Save in the same way as instructed in (3).
(6), (8) and (10) Write similarly to instructions in (4).
(11) Clearly state each issue the Court must resolve.
(12) and (13) Write the full name and address of the permanent resident witness (village, town, district, province). If it is a place of work, write the address where that person works (for example, Nguyen Van A , working at company B, headquartered in... street... neighborhood... Hanoi city).
(14) Clearly state the names of documents attached to the application, which documents must be included and numbered (for example, documents attached to the application include: copy of house purchase contract, hard copy of Paper Certificate of land purchase rights, etc.)

(15) Note the information that the applicant considers necessary for resolving the case (for example: The applicant notifies the court when a dispute arises with one of the litigants who has gone abroad for medical treatment). sick….). (16) If the requester is an individual, there must be the requestor's signature or address; If it is an organization organizing the trial, the legal representative of the agency or organization initiating the lawsuit must sign, clearly state the full name, position and seal of that agency or organization.

3. Where to file for a unilateral divorce in Vietnam?

Article 39 of the 2015 Code of Civil Procedure stipulates that the court where the defendant resides and works has the authority to settle according to the first-instance procedure for marital and family disputes. Therefore, in case of unilateral divorce, the Court where the jurisdiction to settle will be the place where the defendant resides and works.

It is worth noting: Currently, according to the provisions of Clause 4, Article 85 of the Civil Procedure Code in 2015, spouses are not authorized to divorce others to participate in the proceedings, but only by filing applications, paying court fees... Instead, if they are unable to participate in the proceedings, the spouses may submit a petition for trial in absentia to the Court…

4. Why should professionals use ACC Law Firm's unilateral divorce form court service?

• Legal Expertise: ACC Law Firm specializes in divorce proceedings, and their legal professionals have in-depth knowledge of the specific forms and documents required by the court for unilateral divorce cases. This expertise ensures that professionals submit the correct and legally compliant forms.

• Court-Approved: ACC Law Firm's service provides professionals with court-approved divorce forms, which are essential for initiating legal proceedings. Using court-approved forms reduces the risk of delays or rejections by the court.

• Customization: While court-approved, these forms can be customized to meet the specific needs and circumstances of professionals. This ensures that the divorce forms accurately reflect their individual situation, grounds for divorce, and desired outcomes.

• Legal Compliance: Filing for divorce in court requires strict adherence to legal standards and requirements. ACC Law Firm's service ensures that professionals meet these standards, reducing the risk of errors or omissions that could lead to complications or rejections.

• Efficiency: Preparing court-approved divorce forms with the assistance of ACC Law Firm streamlines the process, saving professionals valuable time and effort by offering structured templates and clear instructions.

• Cost-Effective: Hiring a lawyer to prepare court-approved divorce forms can be expensive. ACC Law Firm's service offers a cost-effective alternative, allowing professionals to navigate the process on their own with expert guidance.

• Legal Protection: Court-approved divorce forms provide legal protection by ensuring that claims and requests are presented in a manner recognized and accepted by the court. This helps professionals safeguard their rights and interests throughout the divorce process.

• Confidentiality: ACC Law Firm values client confidentiality and ensures the safeguarding of all personal and legal information provided in the court-approved divorce forms, preserving the privacy of professionals throughout the legal proceedings.

• Peace of Mind: Knowing that their court-approved divorce forms are comprehensive, legally sound, and comply with court requirements provides professionals with peace of mind during the divorce process.

Q&A

Question 1: What is a unilateral divorce form for court, and how does it play a role in the divorce process?

Answer 1: A unilateral divorce form for court is a legal document used to initiate divorce proceedings when one spouse seeks to end the marriage without the consent of the other spouse. This form serves as the official filing that informs the court of the petitioner's desire for divorce and outlines their requests for child custody, support, spousal support (if applicable), and property division.

Question 2: What are the key components that should be included in a unilateral divorce form for court to ensure its validity and effectiveness?

Answer 2: A unilateral divorce form for court should typically include the following key components:

• Identifying information: Names, addresses, and contact details of both spouses.
• Grounds for divorce: A clear statement of the reasons for seeking divorce, meeting legal requirements in the jurisdiction.
• Relief sought: Specific requests for remedies, such as child custody arrangements, child support, spousal support (if applicable), and property division.
• Marital history: Relevant details about the marriage, including the date and place of marriage, and information about minor children.

Question 3: How does the court process the unilateral divorce form, and what steps follow its submission?

Answer 3: After submitting the unilateral divorce form to the court, the court typically follows these steps:

1. Review: Court clerks review the form to ensure it is complete and complies with legal requirements.
2. Service of process: The respondent spouse is formally served with notice of the divorce petition to allow them to respond.
3. Court hearings: If disputes arise, court hearings or mediation sessions may be scheduled to address issues like child custody and property division.
4. Resolution: Parties may negotiate a divorce settlement or proceed to a contested divorce trial if necessary.
5. Final judgment: The court issues a final divorce decree, officially ending the marriage and outlining the terms of the divorce.

Question 4: What role can legal representation play when using a unilateral divorce form in court, and when is it advisable to seek legal counsel?

Answer 4: Legal representation can be highly beneficial when using a unilateral divorce form in court, particularly in cases involving complex issues or disputes. It is advisable to seek legal counsel when:

• There are disagreements over child custody, support, or property division.
• One spouse contests the divorce or raises legal challenges.
• There are concerns about protecting one's legal rights and interests during the divorce process.