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1. Petition for mutual consent 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 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). |
Q&A
Question 1: What is a Petition for Mutual Consent Divorce?
Answer 1: A Petition for Mutual Consent Divorce is a formal legal document filed with the court by both spouses to request a divorce based on mutual agreement. This document outlines the terms and conditions agreed upon by both parties regarding issues like property division, child custody, child support, and alimony.
Question 2: Where can I obtain a Petition for Mutual Consent Divorce?
Answer 2: You can typically obtain a Petition for Mutual Consent Divorce from the official website of your state or country's court system. These forms are often available in the family law or divorce section of the website. You can also request them in person at your local courthouse.
Question 3: What information should be included in a Petition for Mutual Consent Divorce?
Answer 3: A Petition for Mutual Consent Divorce should include details about both spouses, the grounds for divorce (usually "irreconcilable differences" in no-fault cases), a statement of mutual consent to divorce, agreements on property division, child custody arrangements, child support, and any spousal support arrangements if applicable. Specific requirements may vary by jurisdiction, so follow the instructions provided with the form.
Question 4: Is legal representation necessary when filing a Petition for Mutual Consent Divorce?
Answer 4: Legal representation is not always necessary when filing a Petition for Mutual Consent Divorce, especially if both spouses are in full agreement and the divorce is relatively straightforward. However, consulting with an attorney can be beneficial to ensure that your rights are protected, that the document is correctly completed, and to address any legal questions or concerns that may arise during the divorce process.
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