Understanding a Simple Divorce Petition: A Clear Overview

1. Understanding a Simple Divorce Petition: A Clear Overview

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 petition must include the information specified in Clause 2, Article 362 of the 2015 Civil Procedure Code. A divorce petition is considered an application for settlement. dispute between the parties. a civil dispute. topic and includes the following basic contents:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

[To[*], [day][*] [month] [*] [year][*]

APPLICATION FOR DIVORCE

To: People's Court [*]

Husband's full name: [*]

Address: [*]

Phone: [*] (if available)

Fax: [*] (if any)

Email address: [*] (if any)

Wife's full name [*]

Address: [*]

Phone: [*] (if available)

Fax: [*] (if any)

Email address: [*] (if any)

We respectfully request that the People's Court [*] recognize the issues mentioned below:

2. About marital relations

We got married voluntarily, held a wedding ceremony according to traditional customs and registered our marriage in [year] [*] with the People's Committee of the town/district/district [*]. During the first [*] period of our marriage, our married life was very harmonious and happy, we loved each other. But since [year] [*], my husband and I often have disagreements because our worldviews about marriage and family life no longer agree. Later. Although our parents and relatives tried their best to persuade and encourage us to overcome our differences to find common ground, we realized that the love between husband and wife was no longer there, and our life together was no longer there. and that is no longer possible. The purpose of marriage is impossible. So we're really ready to divorce. We ask the court to recognize the divorce by mutual consent.
2. Related to children
During our life together, we had [*] children together including: The first child's name is [Full name] [*] - Date of birth (of the first child) [*] / [*] / [*] (and the child second name [Full Name] [*] – Date of birth (of the second child) [*] / [*] / [*] (if any) Because the child named [*] is still a minor, according to the petition In this marriage, we agree to let Mr./Mrs. [*] directly raise the child named [*] after the divorce, Mr./Mrs. . .. [*] is really willing to support this child until the child named [*] reaches middle age.

3. About property

(i) During the time of living together, there is no common property. Based on this divorce petition, we do not ask the court to resolve such issues. Or;

(ii) Do not request the Court to resolve common property issues. Or;

(iii) Request the Court to decide on property division as follows:

(please clearly state joint ownership information and joint ownership requirements).

4. About the passive voice

(Please clearly state information about the common obligations of husband and wife, request to share responsibility for performing common obligations of husband and wife. For example: joint debt...)

Full name of person with related interests (if any) [*]

Address: [*]

Phone: [*] (if available)

Fax: [*] (if any)

Email address: [*] (if any)

We respectfully request the court to consider resolving our divorce above in accordance with the law. List of documents and evidence attached to the divorce petition as agreed by both parties includes:

1. Identity card (with accurate confirmation);

2. Household registration book/temporary residence book (with specific confirmation);

3. Marriage certificate (original);

4. Birth certificate (accurate certification);

5. Other documents proving ownership requirements such as: Certificate of land use rights; Certificate of registration for cars, motorbikes, etc.
(Other information that the applicant considers necessary to resolve the issue) [*]

Candidate

In addition to the mandatory content, each person's divorce petition must include detailed information related to the marital relationship, child custody settlement and property division in case of divorce, including:

Regarding marital relations, the divorce petition must have information about the date of marriage; clarify the causes of conflicts and when they began; clarify how spouses resolve conflicts and third-party mediation; Indicate whether the couple is separated or still living together and how long they have been separated. For common children, a mutual divorce petition must verify all common children, stepchildren, and adopted children with detailed information about the children's full name, date of birth, and current custody rights. In addition, husband and wife can agree on child rearing obligations and financial support for child care after divorce or guardianship of relatives to meet support obligations according to the law. Regarding property, the divorce petition must verify all common property of the couple (each type of property, date of purchase, price, property user, current price and include the following information:

Agreement to divide common property of husband and wife;
In case there is no agreement on the division of marital property, express each party's views or request the Court to resolve;
Agreement on property division. Regarding housing, land use rights of husband and wife (specify date of purchase/construction, purchase price, area, current price, sharing agreement)

For houses and land owned by father-in-law, mother-in-law or others, clearly state the name and address of the owner. Read more: Steps to prove property division during divorce?
Regarding other responsibilities within the framework of the divorce application, if the couple has a debt and requests the court to resolve it, they need to clearly state the debtor, responsibility to pay debts after divorce and clearly state the request. that man's. court. The court resolved this issue... If you request payment of contributions to your husband's (or wife's) family, you must clearly state your request and supporting documents. In case the husband and wife do not have common property, a common house or do not request the court to resolve it, it needs to be clarified. After completing the divorce papers, both husband and wife sign the application and both must go to court to request a divorce. Above are the regulations on filing for divorce according to law. If you require legal advice regarding your application for divorce, please contact us. Phuoc and Partners is a professional consulting company established in Vietnam and currently has nearly 100 members working in 3 offices in Ho Chi Minh City, Hanoi and Da Nang. Phuoc and Partners is also considered one of the leading in-depth business law consulting units in Vietnam with leading practice areas in the legal market such as labor, employment, tax and wax sales. imports and disputes. We are confident that we can provide customers with optimal and effective civil litigation services.

5. Why should professionals use ACC Law Firm's simple divorce petition service?

• Simplicity and Ease: ACC Law Firm's service is specifically designed for straightforward divorce cases. It offers a simplified and user-friendly process, making it easy for professionals to initiate divorce proceedings without unnecessary complexity.

• Efficiency: The service streamlines the administrative and legal procedures involved in filing for divorce. Professionals can save valuable time and effort by following the clear guidance and using the provided documentation, ensuring a swift initiation of the divorce process.

• Cost-Effective: ACC Law Firm's simple divorce petition service provides a cost-effective solution. Professionals can achieve their legal goals without incurring the high legal fees associated with more complex divorce cases.

• Procedural Guidance: Filing for divorce, even in simple cases, requires adherence to specific legal procedures and requirements. ACC Law Firm's service offers professionals clear and concise instructions on how to complete the divorce petition correctly, ensuring compliance with the law.

• Legal Protection: Using a professionally facilitated divorce petition offers legal protection by ensuring that professionals' rights and interests are clearly defined and legally recognized throughout the divorce process, even in straightforward cases.

• Customization: While designed for simplicity, ACC Law Firm's service can still be customized to meet the specific needs and circumstances of professionals, ensuring that the divorce petition accurately reflects their individual situation.

• Legal Compliance: ACC Law Firm ensures that their simple divorce petition service complies with all relevant legal standards, reducing the risk of complications or errors.

• Confidentiality: ACC Law Firm places a high value on client confidentiality and safeguards all personal and legal information related to the divorce petition.

• Peace of Mind: Initiating a divorce, even if it's a simple one, can be a significant life decision. Using ACC Law Firm's simple divorce petition service provides peace of mind, knowing that the process is being managed professionally and correctly in accordance with professionals' preferences and goals.

Q&A

Question 1: What is a simple divorce petition, and under what circumstances is it typically used in the divorce process?

Answer 1: A simple divorce petition is a legal document used in divorce proceedings when both spouses agree on the terms of the divorce, including issues like property division, child custody, and support. It is typically used when there are no significant disputes or disagreements, and both parties seek an amicable and straightforward divorce.

Question 2: What are the key elements typically included in a simple divorce petition, and why is it important for these elements to be clear and accurate?

Answer 2: A simple divorce petition typically includes details such as the names of both spouses, marriage information, grounds for divorce (often based on irreconcilable differences), child-related matters, property division agreements, and spousal support agreements. Clear and accurate information is essential to ensure that the court understands the parties' intentions and can approve the divorce based on their mutual agreement.

Question 3: Are there specific legal requirements or forms that individuals should follow when preparing a simple divorce petition, and why is it advisable to seek legal counsel during this process?

Answer 3: Yes, there are often specific legal requirements and court-approved forms that must be used when preparing a simple divorce petition. It's advisable to seek legal counsel to ensure compliance with local laws and to protect the rights and interests of both parties. An attorney can also provide guidance on any additional documentation that may be needed.

Question 4: What is the significance of both parties signing and agreeing to a simple divorce petition, and how does this mutual agreement simplify the divorce process?

Answer 4: Both parties signing and agreeing to a simple divorce petition signifies mutual consent to the divorce terms, which simplifies the process significantly. It reduces the need for contentious court battles, hearings, or negotiations, leading to a faster and more amicable divorce process. However, it's crucial for both parties to fully understand the terms and implications of the agreement before signing.