1. Unilateral Divorce: A Guide to Ending Your Marriage
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:
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SOCIALIST REPUBLIC OF VIETNAM Independence – Liberty – Happiness [At][*], [date][*] [month] [*] [year][*] UNILATERAL 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). 5. With 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:
(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:
- Agreement on the division of marital assets.
- In cases where no consensus on asset division is reached, each party's stance or a request for court resolution.
- 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.
6. Why should professionals use ACC Law Firm's divorce Service?
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Legal Expertise: ACC Law Firm specializes in family and divorce law, ensuring that professionals receive expert legal guidance and support throughout the divorce process.
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Customized Solutions: Each divorce case is unique, with its own set of circumstances and challenges. ACC Law Firm tailors its services to meet the specific needs and goals of professionals, ensuring the best possible outcome.
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Legal Compliance: Divorce involves numerous legal requirements and paperwork. ACC Law Firm ensures that all documentation is completed accurately and submitted on time, preventing potential delays or legal issues.
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Objective Advice: Emotions often run high during divorce proceedings. ACC Law Firm's legal professionals provide objective advice and a calm, rational perspective, helping professionals make sound decisions in the midst of emotional turmoil.
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Conflict Resolution: Divorce can be contentious, but ACC Law Firm is experienced in conflict resolution. They work to minimize disputes through negotiation, mediation, and alternative dispute resolution methods, reducing the need for costly litigation.
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Child Custody and Support: For divorcing professionals with children, ACC Law Firm assists in establishing fair and workable child custody and support arrangements, always prioritizing the best interests of the children.
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Asset Division: ACC Law Firm helps professionals navigate the complex process of dividing marital assets and debts, ensuring an equitable distribution according to the applicable laws.
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Alimony and Spousal Support: Professionals seeking or contesting spousal support can rely on ACC Law Firm to advocate for their financial interests and ensure a fair outcome.
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Confidentiality: ACC Law Firm treats all client information with the utmost confidentiality, providing a safe and discreet environment for discussing sensitive matters.
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Timeliness: ACC Law Firm understands the importance of efficiency in divorce proceedings. They work diligently to move cases forward promptly, saving professionals time and potential legal expenses.
Q&A
Question 1: What is a unilateral divorce, and how does it work in 2023?
Answer 1: A unilateral divorce, also known as a no-fault divorce, allows one spouse to initiate the divorce process without the consent of the other spouse. In 2023, the specific procedures and requirements for unilateral divorce can vary depending on the jurisdiction where the divorce is being sought. It typically involves filing divorce paperwork with the court and serving notice to the other spouse.
Question 2: Are there any changes in unilateral divorce laws or procedures in 2023?
Answer 2: Legal changes related to divorce, including unilateral divorce laws and procedures, can occur over time and may vary by location. It's essential to consult with an attorney or access your local court's resources to determine if any changes in divorce laws or procedures have occurred in 2023 in your jurisdiction.
Question 3: What are the common grounds for seeking a unilateral divorce in 2023?
Answer 3: In many jurisdictions in 2023, common grounds for seeking a unilateral divorce include no-fault reasons such as irreconcilable differences, separation, or the breakdown of the marriage. Some jurisdictions may still allow fault-based grounds like adultery or cruelty.
Question 4: What steps should one take when considering a unilateral divorce in 2023?
Answer 4: When considering a unilateral divorce in 2023, it's crucial to consult with an attorney who specializes in family law to understand the specific requirements and procedures in your jurisdiction. You will likely need to prepare and file divorce paperwork, serve notice to your spouse, and participate in court proceedings to address issues like child custody, support, and property division. Legal counsel can provide guidance throughout the process.
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