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1. Who has the right to request a divorce?

Pursuant to Article 51 of the Law on Marriage and Family 2014, the rights of people requesting divorce are stipulated as follows:

– The spouse or both spouses will have the right to request the Court to resolve the divorce.

– The father, mother or other relatives of the spouse also have the right to request the Court to resolve the divorce in cases where one spouse is mentally ill or suffers from other illnesses that make him unable to perceive and act. They are in control of their behavior, and at the same time they are victims of domestic violence caused by their husband/wife, which seriously affects their life, health and spirit.

– The husband will not have the right to request a divorce in case the wife is pregnant, has given birth or is raising a child under 12 months old.

According to the 2014 Law on Marriage and Family, there are two cases of divorce:

– Unilateral divorce;

– Divorce by mutual consent.

2. What are the conditions for divorce?

2.1 Conditions for divorce

In case the husband and wife both request a divorce, the Court will recognize the divorce by mutual consent if the following conditions are met:

– Both husband and wife are truly willing to divorce;

– Have agreed with each other on the issue of property division, supervision, upbringing, care and education of children on the basis of ensuring the legitimate rights and interests of wife and children.

If an agreement cannot be reached or there is an agreement but the legitimate rights of the wife and children cannot be guaranteed, the Court will resolve the divorce.

2.2 Conditions for unilateral divorce

In case the spouse requests a divorce, the Court will grant the divorce if the following conditions are met:

– Mediation at a competent court fails;

– There are grounds to prove that the spouse has committed an act of domestic violence or seriously violated the spouse’s rights and obligations, causing the marriage to fall into a serious state and cohabitation. The husband cannot last long, the purpose of marriage is not achieved.

Note:

– In case the spouse of the person declared missing by the Court requests a divorce, the Court will grant the divorce.

– In case there is a request for divorce from the spouse’s father, mother or other relative who is mentally ill or suffers from other diseases and cannot perceive or control his or her actions, the Court will Resolve for divorce if there are grounds that the husband/wife has committed acts of domestic violence that have seriously affected the life, health and mental state of the other person.

3. What documents are included in a divorce file?

Divorce records for unilateral divorce and mutual consent will be different, specifically:

3.1 Documents for divorce by mutual consent

– Application for divorce by mutual consent

– Documents and evidence to prove that the agreement on divorce, child support, and property division after divorce is well-founded and legal.

– Original copy of marriage certificate.

– Some valuable documents proving residence information include:

+ Citizen identification card, ID card;

+ Certificate of residence information;

+ Notice of personal identification number and citizen information in the National Population Database.

– Copy of ID card/citizen identification card of both husband and wife.

– Documents to prove the common property of husband and wife (if there is common property that needs to be divided);

– Copy of children’s birth certificates (if you have children).

3.2 Unilateral divorce file

– Applications for divorce

– Documents and evidence proving that the legal rights and interests of the person suing for divorce have been violated

– Original copy of marriage certificate;

– Some valuable documents proving residence information include:

+ Citizen identification card, ID card;

+ Certificate of residence information;

+ Notice of personal identification number and citizen information in the National Population Database.

– Copy of ID card/citizen identification card of both husband and wife.

– Documents to prove the common property of husband and wife (if there is common property that needs to be divided);

– Copy of children’s birth certificates (if you have children).

4. Where to file for divorce?

* Divorce by mutual consent:

– If the spouse is abroad or needs a judicial mandate abroad for divorce, then file the application at the Provincial Court where the spouse resides and works.

– If the spouse is both in Vietnam, and there is no need for a judicial mandate abroad, then file the application at the district court where the spouse resides and works.

– If the spouse is a citizen of a country sharing a border with Vietnam such as Laos, Cambodia, China, etc., then submit the application at the district court where the Vietnamese spouse resides and works.

* Unilateral divorce:

– If there are no foreign factors:

+ File an application at the district court where the person who wishes to divorce resides or works in case the two parties have agreed.

+ File an application at the District Court where the other person resides or works in case the two parties do not have an agreement.

– If there are foreign factors:

+ File an application at the Provincial Court where the person who wishes to divorce resides or works in case the two parties have agreed.

+ File an application at the Provincial Court where the other person resides or works in case the two parties do not have an agreement.

Note: For divorces among Vietnamese citizens residing in a border area with citizens of a neighboring country who share the same border area with Vietnam, apply to the District Court for the residence of Vietnamese citizens.

5. How is the divorce process done?

*Procedures for divorce by mutual consent are as follows:

Step 1: Prepare documents and submit them to the district People’s Court where you have jurisdiction

Step 2: Pay the divorce fee and accept the case

+ After receiving the complete dossier, within 03 days, the Chief Justice of the People’s Court will assign a Judge to resolve the case. If the application is eligible, the Judge will issue a notice to pay the divorce fee and within 5 days the couple must complete it.

+ Within 03 days from the date the case is accepted, the litigants will be notified by the People’s Court about the resolution of the request to recognize the divorce by mutual consent.

Step 3: The court prepares to consider the divorce petition and open a public meeting to resolve the recognition of the divorce by mutual consent.

+ The time limit for preparing to consider a divorce petition is 01 month from the date it is accepted. During this time, the People’s Court will have to conduct mediation according to the provisions of the 2015 Civil Procedure Code.

+ At that time, the Judge will conduct mediation to reunite both husband and wife, explaining the rights and obligations of the couple, of parents and children, support responsibilities…

Step 4: Make a decision to recognize the divorce by mutual consent

+ In case the reconciliation is successful and the couple reunites, the People’s Court will issue a decision to suspend the resolution of the couple’s request for divorce.

+ If reconciliation fails and the couple still wishes to divorce, the People’s Court will issue a decision to recognize the divorce by mutual consent. The marital relationship will end from the date the decision recognizing the divorce takes legal effect.

*Procedures for unilateral divorce are as follows:

Step 1: Prepare documents and submit them

+ Spouse must prepare the above mentioned documents. In addition, if there is evidence to prove that the spouse has committed domestic violence, or failed to perform duties, etc., it must also be provided to the People’s Court.

+ After fully preparing the necessary documents, the plaintiff shall submit them to the competent People’s Court mentioned above.

Step 2: The court will review and resolve

+ After receiving the petition from the plaintiff, the People’s Court must consider whether or not to accept the divorce petition within 05 working days.

+ If the file is valid, the People’s Court will send a notice to the plaintiff to pay the court fee advance. The People’s Court will issue a decision to accept the divorce petition from the time the plaintiff submits a receipt showing that the court fee has been paid. fee.

– Mediation: The mediation procedure at the People’s Court is a mandatory procedure before bringing a unilateral divorce case to trial, except for cases that cannot be reconciled or cannot be reconciled or cases that are resolved. decided according to summary procedures.

+ If the conciliation is successful: the People’s Court prepares a record of successful conciliation and after 07 days if the parties have no change in opinion, the People’s Court will issue a decision recognizing the successful conciliation and this decision will take effect immediately. and cannot appeal or protest.

+ If conciliation fails: The People’s Court must also make a record of the unsuccessful conciliation and then decide to bring the case to trial.

+ First instance court hearing: After the decision to try the case is made, the parties are sent a summons by the People’s Court and are clearly informed of the time and location of the first instance court hearing.

Step 3: Issue a divorce judgment

If reconciliation is not successful and it is deemed that there are sufficient conditions to resolve the divorce, the People’s Court will issue a judgment to terminate the marital relationship of the couple…

6. How much is the current divorce court fee?

Consent to divorce

Parties requesting divorce settlement must pay first instance fees for resolving marriage and family requests according to Resolution 326/2016/UBTVQH14.

In the List of court fees and charges that the People’s Court issued with Resolution 326/2016/UBTVQH14, this divorce fee is 300,000 VND.

Unilateral divorce

According to Resolution 326/2016/UBTVQH14, the court fees that the parties must bear in marriage and family cases are divided into: First-instance civil court fees in civil cases without quota (understood as wife The husband has a dispute not related to property that can be calculated in money or money requested by the Court to divide) and the first instance civil court fee in a civil case has a quota value (it is understood that the husband and wife have a dispute). relating to assets that can be calculated in money or money that requires the Court to divide).

Specifically, the court fees that the parties will have to pay are as follows: