How long does the mutual consent divorce process take?



1. How long does the mutual consent divorce process take?

There are two ways to resolve divorce under Vietnamese law: Divorce by mutual consent or divorce by request of either spouse. Based on both law and practice, divorce by mutual consent takes the longest.
So what is a divorce by mutual consent? This section will explain and clearly state the conditions and procedures for a quick divorce with the consent of husband and wife.

2. Conditions for divorce:

Below are the conditions you must meet if you want the court to recognize the divorce by mutual consent:

Both parties truly and voluntarily want a divorce;
The two parties completely agree on whether or not to divide common property and the maintenance, support, and upbringing of children; And
Such an agreement must ensure the legitimate interests of the wife and children. Note: If conciliation to reach a consensus fails and the parties involved do not reach an agreement on the division of property or the right to raise, raise, care for, and foster children (even if there is only a very small disagreement ), the court suspends the proceedings. Divorce cases on recognition of divorce by consent and agreement on children's education in case of divorce and handling of cases according to divorce procedures at the request of either spouse husband. The court does not have to issue a notice to accept the case or re-appoint a judge to resolve the case.

3. The divorce procedure is agreed upon by both parties

Divorce procedure by mutual consent: This procedure includes 4 steps:

Step 1: Submit a request to the competent Court where the husband and wife live and work to resolve the divorce according to the agreement of both parties. This file includes:
Application for recognition of divorce by consensus and agreement on child rearing and property division upon divorce (according to standard form). Both spouses must sign or have their fingerprints taken on this form;
Marriage certificate (original);
Registration book (certified copy);
Identity card/passport (certified copy);
Children's birth certificates; And
Other data and evidence proving common property. This record can then be sent in person or by mail to the court.

Step 2: Pay court fees
After receiving the dossier, within 3 working days, a Judge will be assigned to resolve it. If the Judge considers that the file meets all the conditions to declare him/her competent, he/she will ask the requesting spouse to pay court fees for accepting and resolving this request. The fee payment deadline is 5 days from the date of request.

Step 3: Prepare for application review
The court has one month to consider the request. During this time, the court must conduct mediation to reunite the couple. If mediation is successful, the court will suspend the request and the marital relationship will continue. Otherwise, the Court will proceed to another stage to consider the request.

Step 4: Organize a meeting to review the request.
Within the time limit stated in step 3, the Court may issue a decision to convene a meeting to consider the petition. Within 15 days from the date of decision, the Court must open a meeting to consider whether to approve the application to recognize an uncontested divorce or not. If the petition and agreement meet all the conditions prescribed by law, the court will recognize their petition and it usually only takes one month to complete the divorce procedure in this case.

Step 5: Procedures for settlement before the Court of Appeal
If one of the spouses appeals or the prosecutor's office objects to the decision of the court of first instance within the time limit established by the applicable law, the issue can be resolved before the court of appeal. The decision of the Court of Appeal is binding on both husband and wife and will not be appealed or challenged.
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Question 1: What is the process for filing a mutual consent divorce petition in Vietnam in 2023?

Answer 1: To file a mutual consent divorce petition in Vietnam in 2023, follow these steps:

  1. Preparation: Gather all necessary documents, including your marriage certificate, identification, and details about assets, debts, and child custody arrangements.

  2. Draft the Petition: Prepare a written agreement that outlines the terms of your divorce, including property division, alimony, child custody, and child support. Both spouses must sign this agreement.

  3. Notarize the Agreement: Have the agreement notarized by a notary public or a local authority to verify its authenticity.

  4. Submit to Local Authorities: Present the notarized agreement and other required documents to the local People's Committee in your residential area.

  5. Waiting Period: After submission, there is typically a 7-day waiting period during which authorities may attempt reconciliation.

  6. Final Approval: If no reconciliation occurs, the divorce is granted, and a divorce certificate is issued.

Question 2: What are the specific requirements for the mutual consent divorce petition in Vietnam in 2023?

Answer 2: The requirements for a mutual consent divorce petition in Vietnam in 2023 may include:

  • Valid marriage certificate.
  • Identification documents for both spouses.
  • Notarized divorce agreement.
  • Details of assets, debts, and property division.
  • Child custody and support arrangements (if applicable).

Ensure you consult with local authorities or an attorney to confirm the precise requirements for your jurisdiction.

Question 3: How long does the mutual consent divorce process typically take in Vietnam in 2023?

Answer 3: The mutual consent divorce process in Vietnam in 2023 can vary in duration but generally takes several months. The waiting period of at least 7 days, along with administrative processes, may extend the timeline. The actual duration depends on the efficiency of local authorities and whether there are any complications in the process.

Question 4: Is it necessary to involve legal representation when filing for mutual consent divorce in Vietnam in 2023?

Answer 4: While it's not mandatory to involve legal representation when filing for mutual consent divorce in Vietnam, it is advisable to seek legal guidance, especially if your case involves complex issues related to property division, child custody, or alimony. An attorney can help ensure your rights are protected and that the divorce agreement meets all legal requirements.

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