The full service divorce by mutual consent at Viet My is a service that is highly appreciated by many couples when using the service. With the full-package service, customers only need to provide Viet My with the necessary information and documents and wait for the results as quickly as possible. With a team of professional and dedicated experts, we will perform all related work on your behalf. If you are interested, please refer to the full service divorce by mutual consent at Viet My.

1. Full service divorce by mutual consent at Viet My

Consensual divorce is a divorce case where both parties have agreed and come to an agreement on all issues such as child custody, property division and alimony obligations. Many people think that consensual divorce procedures will be simple and easy. However, in reality, many people, due to lack of understanding of procedures and legal regulations, still encounter many difficulties in the process and do not achieve the desired results.

Viet My Law provides a full-package consensual divorce service to customers. After authorizing Viet My to resolve the divorce, you can rest assured and wait, our team of experts and lawyers will handle the rest on your behalf. The price of the full-package divorce service will depend on the complexity of the matter.

2. Why should you use the full-package divorce service at Viet My?

When both husband and wife agree to divorce and want to carry out the procedure as quickly and easily as possible. If you do not understand the procedure, it will take a lot of time and money to learn and carry out the steps in the divorce procedure. Use the full-package divorce service of Viet My Law, we will perform the following tasks on your behalf:

• Answering questions or consulting on legal issues that need to be clarified;
• Drafting divorce petitions and related documents;
• Submitting divorce petitions on behalf of clients and working with competent authorities;
• Always ready to protect the legitimate rights and interests of clients
• Consulting on resolving property disputes after divorce (common/separate property, debt repayment obligations, etc.)
• Resolving child custody disputes after divorce; child support and child care and visitation after divorce (if any)

3. What is a consensual divorce?

Legally, divorce is understood as the termination of a marriage relationship decided by the People’s Court at the request of both spouses or of the husband or wife, thereby canceling legal responsibilities and marriage and other civil obligations. The People’s Court is the only agency responsible for issuing a judgment to terminate the marriage relationship of the husband and wife.

If the two spouses agree to divorce and resolve all the contents and issues of the divorce, the court will recognize and issue a judgment in the form of a decision to recognize the consensual divorce.

Accordingly, to be determined as a consensual divorce, the parties must meet all of the following conditions:

– The two spouses truly voluntarily divorce;

– The two parties have agreed with each other on the division of property;

– Have agreed with each other on the care, nurturing, raising and education of children on the basis of best ensuring the legitimate rights of the wife and children.

4. Mutual Divorce Procedure

The procedures for mutual divorce have been specifically regulated. Normally, the mutual divorce procedure is carried out as follows:

4.1 Mutual Divorce Documents

Article 29, Clause 2 of the 2015 Civil Procedure Code stipulates the requirement for recognition of mutual divorce and the division of property upon divorce, which is determined to be a civil matter. Therefore, in order for the People’s Court to resolve the mutual divorce procedure, the couple must prepare the following documents:

– Application for recognition of mutual divorce;

– Marriage registration certificate (original);

– Household registration book (certified copy);

– ID card/citizen identification card/passport (certified copy);

– Other documents and evidence to prove common property such as: red book, pink book; car/motorbike registration; bank savings book… (copy);

– Documents, evidence, papers to prove the debts and property obligations of the couple during the marriage (copy);

– If the two parties are married under foreign law and wish to divorce in Vietnam, they must consularize the marriage registration and carry out the procedure of recording the marriage in the registration book at the Department of Justice before submitting the divorce application;

– Other papers, records, documents (if required).

4.2 Procedures for consensual divorce

Step 1: Make a request for recognition of consensual divorce

Article 396 of the 2015 Civil Procedure Code stipulates the request for recognition of consensual divorce, agreement on child custody, and division of property upon divorce as follows:

– When requesting the Court to recognize a consensual divorce, agreement on child custody, and division of property upon divorce, the husband and wife must submit a request.

The request must include the contents specified in Clause 2, Article 362 of the 2015 Civil Procedure Code:

– Date, month, year of making the request;

– Name of the People’s Court with jurisdiction to resolve the matter;

– Name, residential address; telephone number, fax, email (if any) of the requester;

– Specific issues requested to be resolved by the People’s Court and the purpose, reason, and basis for requesting the People’s Court to resolve the divorce;

– Name and residential address of the persons involved in the divorce settlement (if any);

– Other information that the applicant considers necessary for the settlement of his/her request;

– The applicant is an individual, he/she must sign or fingerprint; if the applicant is an agency or organization, the legal representative of that agency or organization must sign and stamp at the end of the petition;

In case the applicant is an enterprise, the use of the enterprise seal shall be implemented in accordance with the provisions of the Law on Enterprises.

– The husband and wife who jointly request the People’s Court to recognize a consensual divorce, an agreement on child custody, and division of property upon divorce shall sign or fingerprint the divorce petition.

In this case, the husband and wife shall be identified as the applicant.

– Along with the petition, the applicant must submit documents and evidence to prove that the agreement on consensual divorce, the agreement on child custody, and division of property upon divorce is legal and well-founded…

Step 2: Conduct conciliation

According to Article 397 of the 2015 Civil Procedure Code, the provisions on conciliation and recognition of consensual divorce, agreement on child custody, and division of property upon divorce are as follows:

– During the preparation period for reviewing the application, before conducting conciliation, the spouses will be reunited, when deemed necessary;

– The judge conducts conciliation so that the spouses will be reunited;

Explain the rights and obligations between spouses; between parents and children; between family members, on the responsibility to provide child support and other issues related to marriage and family.

– In case after conciliation, the spouses reunite, the judge will issue a decision to suspend the settlement of their divorce request.

Step 3: Issuing a decision to recognize a consensual divorce

In case the divorce conciliation fails, the Judge will issue a decision to recognize a consensual divorce and the agreement of the parties according to the provisions of Article 212 of the 2015 Civil Procedure Code when all of the following conditions are met:

– The husband and wife truly voluntarily divorce;

– The two parties have reached an agreement on the division or non-division of common property, the care, upbringing and education of children;

– Such agreement must ensure the legitimate rights of the wife and children.

Note: In case the conciliation and reunification fails and the parties cannot reach an agreement on the division of property, the care, upbringing and education of children:

The Court shall suspend the resolution of the recognition of a consensual divorce, the agreement on child custody, the division of property upon divorce and accept the case for settlement.

The Court does not need to notify of the acceptance, nor does it need to reassign a Judge to resolve the case.

5. Do I need to pay a fee for a consensual divorce?

According to the provisions of Resolution 326/2016/UBTVQH14 on the collection, exemption, management and use of court fees and charges.

Accordingly, a consensual divorce is the settlement of civil, marriage & family, commercial and labor requests.

Currently, the first instance fee for settling a marriage and family request is 300,000 VND. The appeal fee for settling a marriage and family request is 300,000 VND.

Thus, when settling a consensual divorce, a fee must be paid.

6. How long does a consensual divorce take?

Although the divorce is by mutual consent of both spouses, the time to settle the divorce will be faster if only one party requests a divorce. However, the consensual divorce procedure must still be carried out in accordance with the procedures prescribed in the Civil Procedure Code.

Therefore, the time to resolve a consensual divorce must go through the following milestones: Reviewing the application, paying the advance fee, the People’s Court notifying acceptance, preparing to consider the divorce application, the Court issuing a decision recognizing the consensual divorce…

7. Frequently asked questions about consensual divorce

7.1 When does the marriage end after a consensual divorce?

The marriage will end from the date the decision recognizing the consensual divorce takes legal effect.

7.2 Can a couple agree on who will pay the divorce fee when they divorce by mutual consent?

In the case of a consensual divorce, the couple has the right to agree on who will pay the divorce fee. If the couple cannot agree on who is responsible for the fee, each person will have to pay half of the divorce fee.

7.3 Do the couple have to go to court for conciliation when they divorce by mutual consent?

When a consensual divorce occurs, both the husband and wife must be present at the court to participate in the conciliation session.

7.4 Is conciliation required when a consensual divorce occurs?

According to regulations, conciliation is a mandatory procedure that must be carried out in resolving consensual divorce.

7.5 Do you have to pay child support for your wife’s stepchild when you divorce by mutual consent?

A father is only obligated to pay child support for his biological or adopted child. If he has not adopted his wife’s stepchild, he is not obligated to pay child support for that stepchild when he divorces.

Above is our advice on the full service divorce by mutual consent. Through this article, we hope to help you better understand this issue. For the most complete and accurate advice, please contact the online divorce consulting lawyer of VIET MY LAW AND ACCOUNTING for further advice on the problem you are facing.