Instructions on how to file for divorce

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1. Instructions on how to file for divorce

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).

 5With 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:

  1. Identification Card (Duly certified);

  2. Household Registration Book/Temporary Residence Book (Duly certified);

  3. Original Marriage Certificate;

  4. Certified copies of Birth Certificates;

  5. 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:

  1. Agreement on the division of marital assets.
  2. In cases where no consensus on asset division is reached, each party's stance or a request for court resolution.
  3. 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.

Q&A

Question 1: What are the first steps to initiate the process of filing for divorce?

Answer 1: The initial steps to file for divorce typically involve:
Consultation with an Attorney: Consider consulting with a family law attorney to understand the divorce process, your rights, and obligations.
Residency Requirements: Determine whether you meet the residency requirements of your jurisdiction, as these vary from place to place.
Grounds for Divorce: Identify the legal grounds for divorce in your jurisdiction, which can be fault-based or no-fault, and select the appropriate basis.

Question 2: What documents and forms are required to file for divorce?

Answer 2: The required documents and forms for filing for divorce may include:
Divorce Petition or Complaint: A formal document that initiates the divorce process, outlining the reasons for divorce and requested relief.
Marriage Certificate: Proof of the marriage, typically required by the court.
Financial Affidavit: A sworn statement detailing financial information, including income, assets, debts, and expenses.
Child Custody and Support Forms: If applicable, forms related to child custody, visitation, and support, including parenting plans.
Property Division Forms: Documents outlining the division of marital assets and debts.
Spousal Support or Alimony Forms: If applicable, forms related to spousal support.

Question 3: How can I serve divorce papers to my spouse, and what happens next?

Answer 3: Serving divorce papers to your spouse typically involves one of the following methods:
Personal Service: A process server or law enforcement officer delivers the papers directly to your spouse.
Certified Mail: In some jurisdictions, you can send the divorce papers via certified mail with return receipt requested.
Publication: If your spouse's whereabouts are unknown, you may need to publish a notice of the divorce in a newspaper.
After service, your spouse has a specific timeframe to respond to the divorce petition. If they agree with the terms, the divorce may proceed as uncontested. If there are disputes, the court may schedule hearings to address them.

Question 4: What should I expect during the court process when filing for divorce?

Answer 4: During the court process of filing for divorce, you can expect the following:
Court Filings: You and your spouse will submit documents and forms to the court, including responses to the divorce petition and any required financial disclosures.
Court Hearings: If disputes cannot be resolved through negotiation, the court may schedule hearings to address issues like child custody, support, property division, and spousal support.
Mediation: Some jurisdictions require or offer mediation services to help resolve disagreements between spouses.
Final Decree: Once all issues are resolved and the court is satisfied, a final divorce decree is issued, officially terminating the marriage.
It's essential to follow your jurisdiction's specific procedures and consult with an attorney to navigate the court process effectively.

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