Unilateral divorce form 2024

1. Unilateral divorce form 2023

I want to unilaterally divorce my husband. How is the latest unilateral divorce form 2022 in Vietnam implemented? What are the conditions for unilateral divorce according to Vietnamese regulations? THANK!

What are the conditions for being asked to unilaterally divorce in Vietnam?

Pursuant to Article 56 of the 2014 Law on Marriage and Family, divorce at the request of one party is as follows:

- When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

- When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

- For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.

Accordingly, if you want to unilaterally divorce, you must prove that you belong to the above cases

Unilateral divorce application

Unilateral request for divorce 

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

____________________

……(1), day…..month……year…….

PETITION

To: People's Court (2) ……………………

Full name of the plaintiff: (3) ………..……….. Address: (4) …………………………….. …….
Full name of person whose rights and interests are protected (if any) (5) ……………

Address: (6) ………………………………..
Full name of person prosecuted: (7) …….. ……………………. …….
Address: (8) …………………………….. …….
Full name of person with related rights and obligations (if any) (9) …….. ……. ………….
Address: (10) ……………………………..
Request the Court to resolve the following issues with the defendant and people with related rights and obligations (11) ………………………. . …………

……………………………..

……………………………..

Full name of witness (if any) (12) …….. ……………

Address: (13) ……….. ………………. ………..
Records and documents accompanying the petition include: (14)

Firstly………………………………………………………………………………………….
2 ……………………………..
……………………………..

(Other information that the plaintiff considers necessary for resolving the case) (15)

…………………………… ……….. ……………………………..………. ……….
Petitioner (16)

2. Instructions for using form No. 01

(1) Write down the location of application (for example: Hanoi, date…..month…..year……).
(2) Appoint a Court with jurisdiction to resolve the case; If it is a district People's Court, it is necessary to clearly identify which district People's Court belongs to the province or centrally run city (for example: People's Court of district A, province B), if it is a district People's Court. At the provincial level, the People's Court of the province (city) must clearly identify (for example, the People's Court of Hung Yen province) and the address of this Court.
(3) In case the requester is an individual, write full name; If the plaintiff is an agency or organization, write the name of the agency or organization and write the full name of the legal representative of the agency or organization that initiated the lawsuit. (4) If the plaintiff is an individual, write the full address of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H); If the plaintiff is an agency or organization, write the address of the headquarters of that agency or organization (for example: Hin Sen Co., Ltd. has headquarters: No. 20 LTK Street, HK District, H City).
(5), (7) and (9) Save in the same way as instructed in (3).
(6), (8) and (10) Write similarly to instructions in (4).
(11) Clearly state each issue the Court must resolve.
(12) and (13) Write the full name and address of the permanent resident witness (village, town, district, province). If it is a place of work, write the address where that person works (for example, Nguyen Van A , working at company B, headquartered in... street... neighborhood... Hanoi city).
(14) Clearly state the names of documents attached to the application, which documents must be included and numbered (for example, documents attached to the application include: copy of house purchase contract, hard copy of Paper Certificate of land purchase rights, etc.)

(15) Note the information that the applicant considers necessary for resolving the case (for example: The applicant notifies the court when a dispute arises with one of the litigants who has gone abroad for medical treatment). sick….). (16) If the requester is an individual, there must be the requestor's signature or address; If it is an organization organizing the trial, the legal representative of the agency or organization initiating the lawsuit must sign, clearly state the full name, position and seal of that agency or organization.

3. Where to file for a unilateral divorce in Vietnam?

Article 39 of the 2015 Code of Civil Procedure stipulates that the court where the defendant resides and works has the authority to settle according to the first-instance procedure for marital and family disputes. Therefore, in case of unilateral divorce, the Court where the jurisdiction to settle will be the place where the defendant resides and works.

It is worth noting: Currently, according to the provisions of Clause 4, Article 85 of the Civil Procedure Code in 2015, spouses are not authorized to divorce others to participate in the proceedings, but only by filing applications, paying court fees... Instead, if they are unable to participate in the proceedings, the spouses may submit a petition for trial in absentia to the Court…

Q&A

Question 1: What is a unilateral divorce form in Vietnam, and who can file it?

Answer 1: A unilateral divorce form in Vietnam is a legal document used to initiate divorce proceedings when one spouse wishes to end the marriage unilaterally. It can be filed by either spouse, provided they meet the legal grounds for divorce.

Question 2: What are the common grounds for filing a unilateral divorce in Vietnam?

Answer 2: In Vietnam, common grounds for filing a unilateral divorce include adultery, desertion for at least 12 consecutive months, serious misconduct or physical abuse, and living separately for at least 24 consecutive months without reconciliation. The specific grounds may vary depending on the jurisdiction.

Question 3: What documents and information are typically required when filing a unilateral divorce form in Vietnam?

Answer 3: When filing a unilateral divorce form in Vietnam, you will typically need the following:

• A completed divorce form, which includes details about the grounds for divorce and the relief sought.
• Your marriage certificate.
• Identification documents for both spouses.
• Documentation related to any claims for property division, alimony, child custody, and child support.

It's essential to consult with local authorities or an attorney to ensure you have all the required documents for your specific jurisdiction.

Question 4: What is the process after submitting a unilateral divorce form in Vietnam?

Answer 4: After submitting a unilateral divorce form in Vietnam:

1. The court will typically schedule a hearing to review the case.
2. Both spouses will have the opportunity to present their arguments and evidence.
3. The court will make determinations on issues such as property division, alimony, child custody, and child support.
4. If the divorce is granted, the court will issue a divorce decree.

The process may vary based on the complexity of the case and local court procedures. It's advisable to seek legal guidance to navigate the process effectively.