Provisions on divorce by content

1. Provisions on divorce by content

According to the 2014 Law on Marriage and Family, if both husband and wife agree to divorce and decide who will directly raise the children and divide assets after divorce, you can complete the procedure by filing an application. General divorce procedures according to agreement.

2. Divorce records 

– 02 original divorce petitions (according to the prescribed form): The divorce petition must be fully drafted according to the court's requirements.

– 01 Original Marriage Certificate: The marriage certificate provided must be the original, not erased or torn.

– 01 certified copy of:
Household registration book of husband and wife;
Identity card/passport of husband and wife;
Children's birth certificates;
Other documents and evidence proving joint/private ownership such as: Certificate of land use rights to own houses and other assets attached to land (Red Book); vehicle registration; saving account…
Other documents as prescribed by law.

3. Procedures

Step 1: Submit the divorce petition and related documents to the competent court.

Step 2: The court considers the request. Within 03 working days from the date of receiving the request and accompanying documents and evidence, the Chief Justice of the Court may appoint a Judge to resolve the request. The judge may request the applicant to make amendments and supplements within 7 days from the date of receipt of the request. In case the request and accompanying documents and evidence are deemed qualified, the judge will notify the applicant about payment of the amount do requests to resolve civil matters within 05 working days from the date of receipt of payment notice, except for cases of exemption or reduction.
or that person does not have to pay tax according to the provisions of the Tax Law.

Step 3: Advance payment of fees. For requests to recognize an uncontested divorce, child support agreement, or property division, husband and wife can agree on pay advance fees, except in cases of exemption or failure to pay according to the provisions of law. If the couple cannot agree on who is to pay the advance payment, each person must pay half of the advance payment.

3. The court has the authority to resolve divorce by mutual consent

The district-level People's Court where one of the parties to the divorce resides or works is responsible for agreeing on the division of parental responsibilities or assets.

4. Time limit for resolving an uncontested divorce

Within 03 working days from the date of accepting the request, the Court must notify in writing the requester and the person with related rights and obligations. civil case. The court will consider the petition within one month from the date of approval of the petition. During this time, the Court will conduct mediation to help reunite the couple. ONE. If conciliation is successful: The judge decides to suspend the resolution of the request b. If mediation fails: The judge issues a decision recognizing the divorce agreement and the consent of the parties.
Under the following conditions:
Both sides are completely ready to divorce;
The two parties agree on whether or not to divide common property, and on the obligation to care for, raise, and raise children;
The agreement must ensure the rights of your wife and children. In case conciliation fails and the parties cannot agree on the division of assets and parental responsibilities, the Court may suspend the resolution of the civil case on recognition of mutual consent and agreement. Agree on child custody, property division and receipt. of settlement documents. .

5. Court costs

Pursuant to Resolution No. 326/2016/UBTVQH14, if there is no dispute over ownership, exemption, reduction, collection, payment,
Management and court fees, fees, and first instance fees are 300,000 VND if there is no property dispute. In case of a real estate dispute, you will have to pay additional legal fees, specifically corresponding to the property rate.

6. Child care

Husband and wife agree on who will directly raise the child (child custody), the obligations and rights of each party after divorce regarding the child; If the parties cannot reach an agreement then
The court may decide to award custody to one party taking into account the best interests of the child in all respects; If the child is
From the age of 7, the child's opinion on who to live with will be considered. After divorce, the father or mother who does not directly raise the child (not directly raising the child) still has the right and obligation to visit the child and should not be prevented. The non-custodial parent must pay child support. The amount of child support is based on the income, actual ability of the person paying the support and their basic needs; If an agreement cannot be reached, the couple can ask the court to resolve the dispute. Alimony can be paid monthly, quarterly, semi-annually, annually or in one lump sum.

7. Ownership

Divorcing spouses have the right to agree on all issues, including property division. If the parties cannot reach an agreement but request it, the court will consider and make a decision on the marriage regime.
ONE.

a.Separate ownership

Separate property of husband and wife includes property each person had before marriage; Property inherited or given separately during marriage, property established as property by judgment, etc. Land use rights that belong to husband and wife after marriage are common property, unless the wife , the husband inherits or gives it to himself; or by transactions using private assets. The separate property of a husband or wife belongs to that person. In the case of a merger or a mixture of separate and common property, if the husband and wife request to divide the property, they will enjoy the value of the property they contributed as capital, unless otherwise agreed.

b. Community

Common property is property formed during the marriage period (except in cases where property is determined to be separate). This property of husband and wife should be divided in half, but the following factors need to be considered when determining the ratio of common property of husband and wife: Family and spouse's circumstances; Contribution of husband and wife to the creation, maintenance and development of community assets.
Legitimate interests of each party in production, business and profession. Therefore parties have conditions to continue working to generate income;. Each party's fault in violating the rights and obligations of the party marry;…

c. Compared with property of husband and wife, which is jointly owned by the family

In case the common property of the husband and wife cannot be determined, then a part of the common property of the husband and wife
shared between husband and wife based on that person's contribution to creating, maintaining and developing the community.
property as well as in the lives of husband and wife. The parties can agree on division or request the Court to resolve. In cases where husband and wife live together as a family, their common property can be determined according to their common property. In case of divorce, the couple's property is taken from the family's common assets. divided according to the principle of common property division upon divorce. The court must determine that the husband and wife have property rights and obligations towards the third person in order to bring the third person into action.
litigate as a person with related rights and obligations. In cases where a husband or wife has property rights and obligations towards a third person who requests settlement, the Court must decide when dividing common property. In cases where husband and wife have obligations to a third party that do not need to be resolved, the Court may instruct them to resolve them in another way. When deciding on property division upon divorce, the Court needs to consider protecting the legal rights and interests of the wife and minor children.

Q&A

Question 1: What are provisions on divorce by content?

Answer 1: Provisions on divorce by content refer to the legal stipulations and agreements made by spouses regarding the terms and conditions of their divorce, including matters like property division, child custody, alimony, and more.

Question 2: Why are provisions on divorce by content important in divorce proceedings?

Answer 2: Provisions on divorce by content are crucial because they allow spouses to have control over the terms of their divorce, facilitating a more amicable and tailored resolution to the dissolution of their marriage.

Question 3: What types of issues can be covered by provisions on divorce by content?

Answer 3: Provisions on divorce by content can encompass a wide range of issues, including the division of marital assets and debts, child custody arrangements, visitation schedules, child support, spousal support (alimony), and any other matters relevant to the divorce.

Question 4: Are provisions on divorce by content legally binding?

Answer 4: Yes, provisions on divorce by content can be legally binding if they are included in a formal divorce agreement, such as a divorce settlement or a court-approved divorce decree. These agreements are typically enforceable by law, provided they meet legal requirements and serve the best interests of any children involved.