Choosing a consensual divorce service is a wise decision for couples who want to end their marriage peacefully and harmoniously. Professional lawyers will not only help clients with legal aspects but also listen, share and sympathize with their feelings. This helps avoid unnecessary stress and conflicts, creating favorable conditions for resolving divorce-related issues quickly and effectively.

1. Is a consensual divorce quick?

A consensual divorce is a form of resolving marital conflicts between two parties when both parties agree to end the marriage relationship by agreement and without dispute. In contrast to a contested divorce, a consensual divorce is considered a reasonable, humane solution, and helps save time and money compared to a complicated dispute process. However, whether a consensual divorce is quick or not depends on many specific factors and conditions. Here are some points to consider.

Agreement between the parties: A consensual divorce can only be carried out when both parties agree to end the marriage by mutual agreement. If one party does not agree, or even does not want to participate in the divorce process, it can become complicated and take a long time to resolve.

Consensus and agreement: For a consensual divorce to be quick, there must be agreement and consensus between the parties regarding the sharing of assets, child custody, and financial matters. If there is disagreement on any aspect, the consensual divorce can become complicated and take a long time to resolve.

2. Fastest divorce procedure

Unilateral divorce is a complicated legal process and requires compliance with the provisions of Article 56 of the 2014 Law on Marriage and Family as well as the provisions of the 2015 Civil Procedure Code. However, in reality, unilateral divorce is not simple and can last for a long time.

The process of resolving unilateral divorce includes steps according to the provisions of the 2015 Civil Procedure Code and can last for a long time. Below are the detailed steps in the process of resolving unilateral divorce:

Step 1: The person requesting the unilateral divorce submits a unilateral divorce application to the competent Court. The divorce application must be clearly written, providing full information and reasons for the divorce request.

Step 2: After receiving the petition, the Court will assign 01 judge to review the petition within 03 working days. The judge will review and check the petition to ensure that the requests and information in the petition are sufficient and valid. Then, within 05 days from the date of assignment, the judge will make one of the decisions related to the petition.

The decisions may include:

• Amending or supplementing the petition if there are any shortcomings or ambiguities.
• Proceeding to accept the case if the petition meets the conditions for settlement at that Court.
• Transferring the petition to another competent authority if the Court does not have the authority to settle the case.
• Returning the petition if the petition does not meet the necessary conditions.

Step 3: If the Court accepts the petition, the time for preparing for trial lasts for 04 months. During this time, the Court will prepare for trial by collecting evidence, determining the status of the parties and considering requests for mediation.

During this time, the person requesting the divorce will receive a notice to pay the advance court fee and pay the money related to the settlement of the case. They will also have to return the receipt to the Court to confirm the payment.

The Court will then make one of the following decisions:

• Acknowledge the agreement of the parties if the two parties reach an agreement on divorce.
• Temporarily suspend the settlement if time is needed to consider additional factors related to the case.
• Suspend the settlement of the case if there is a valid reason.
• Bring the case to trial if there is no agreement and a trial is required.

For complicated cases or cases of force majeure, the unilateral divorce settlement may be prolonged and require an extension of the trial preparation time of no more than 02 months.

Step 4: From the date of bringing the case to trial, the Court must open the trial within 01 month. If there is a valid reason, this period can be extended up to 02 months. During the trial, the Court will hear the parties involved and consider the evidence to make a final decision on the divorce.

3. The fastest way to divorce

A mutual divorce may be the best way to make the paperwork in divorce quick and easy for couples who want to divorce

• If the divorce is unilateral: the district or county people’s court where the defendant is residing has jurisdiction to resolve. If the divorce is mutual, the parties can choose the court where one of the two parties is residing. If there is a dispute in the divorce case where the parties or assets are abroad or need to entrust the judicial authority to a Vietnamese consulate abroad, to a foreign court under the jurisdiction of the provincial or municipal People’s Court (Articles 33, 34, 35 of the 2004 Civil Procedure Code).
• If the divorce is mutual: You can choose the court where the wife or husband is residing

4. How much does a quick divorce cost?

Below is the price list for full divorce services at Viet My:

5. Consensual divorce service in Hanoi

When clients decide to use mutual divorce service in Hanoi, dedicated and professional lawyers will accompany them throughout the process. Lawyers not only listen but also share and sympathize with their clients’ decision to divorce. They understand that divorce is a difficult decision and that clients’ feelings deserve respect.

Lawyers will provide basic legal knowledge on divorce-related issues, helping clients understand the process and related regulations. All questions and concerns of clients will be answered in a detailed and reliable manner.

By assessing the marital status and divorce request for a specific case, lawyers will determine what legal requirements can be met and at the same time support clients in drafting a complete and closed divorce dossier. This profile will be customized to suit each client’s specific circumstances, ensuring the protection of their rights and interests during the divorce process.

Representing clients to file at the Hanoi District Court is the lawyer’s duty, helping clients save time and effort in carrying out legal procedures. The lawyer will act as a link between the client and the Court, ensuring that information exchange takes place smoothly and effectively.

Finally, the lawyer will guide and support clients to participate in mediation sessions, where the parties can negotiate and reach a peaceful agreement on divorce-related issues. With the professional support and companionship of the lawyer, clients can face the divorce process with confidence and peace of mind, believing that all issues will be resolved fairly and in the best interests of both parties.

6. Frequently asked questions about consensual divorce

6.1 What are the conditions for consensual divorce?

The couple voluntarily divorces. The couple has reached an agreement on the division of property, custody, upbringing, care and education of the children.

6.2 How is the consensual divorce procedure carried out?

The couple submits a petition for consensual divorce and all accompanying documents to the District People’s Court where the husband or wife resides. The Court will accept the case and conduct mediation. If the couple cannot reconcile, the Court will issue a decision recognizing the consensual divorce.

6.3 How long does it take to resolve a consensual divorce?

The time to resolve a consensual divorce is usually from 01 to 02 months from the date the Court accepts the case.

6.4 What documents need to be prepared for the consensual divorce procedure?

According to the provisions of Clause 2, Article 29 of the 2015 Civil Procedure Code, the request for recognition of consensual divorce, agreement on child custody, and division of property upon divorce is determined to be a civil matter. Therefore, the consensual divorce file requires the following documents:

– Application for consensual divorce;

– Original copy of the Marriage Registration Certificate;

– Identity cards of the husband and wife (certified copy);

– Birth certificates of the children (if there are common children, certified copy);

– Family register (certified copy);

– Documents proving ownership of common property (if there are common property, certified copy).

6.5 Is the consensual divorce procedure difficult?

The consensual divorce procedure is not too difficult, however, the couple needs to ensure that both parties voluntarily divorce and have agreed on all issues related to marriage and family. If the couple cannot reach an agreement, they can consult a lawyer for advice and support.

The consensual divorce service is a smart and smooth choice for couples who want to resolve their divorce peacefully. Professional lawyers not only provide legal support but also listen, share and sympathize with clients. This helps save time and reduce stress, creating favorable conditions for the divorce process. Contact VIET MY LAW AND ACCOUNTING for support.