Divorce today is quite time-consuming for many reasons, so people who are busy with work will feel that the procedure takes a long time and will affect their work and life. Therefore, using Viet My’s full divorce service in Hanoi is the right choice for you. When using Viet My’s full divorce service in Hanoi, you just need to wait for the results, we will do it in the fastest and most economical way.
According to the provisions of Article 51 of the Law on Marriage and Family 2014, the person who has the right to request the Court to resolve a divorce is:
– The spouse or both spouses have the right to request the Court to resolve the divorce.
– Father, mother or other relatives will have the right to request the Court to resolve the divorce when one spouse, due to mental illness or other diseases, cannot perceive and control their behavior. At the same time, they are also victims of domestic violence caused by their husbands/wives, seriously affecting their lives, health and spirit.
– The husband does not have the right to request a divorce in case the wife is pregnant, giving birth or raising a child under 12 months old.
Thus, the people who have the right to request a divorce are the spouse or related third person mentioned above. However, if the wife is pregnant, has given birth or is raising a child under 12 months old, the husband is not allowed to request a divorce.
For divorce by mutual consent:
According to the provisions of Article 55 of the Law on Marriage and Family 2014, the conditions for an uncontested divorce will include the following two conditions:
– Both husband and wife really voluntarily divorce.
– Both husband and wife have clearly agreed on the division of property, the care, upbringing, care and education of children on the basis of best ensuring the legitimate rights of wife and children.
If the above conditions are met, the husband and wife can request the competent Court to recognize an uncontested divorce.
Conditions for unilateral divorce:
Pursuant to the provisions of Article 56 of the Law on Marriage and Family 2014, unilateral divorce will include the following conditions:
– Spouses and husbands commit acts of domestic violence
– When one person seriously violates the rights and obligations, causing the marriage to fall into a serious situation, the life together of two people cannot last long;
– Spouse declared missing by the People’s Court;
– When a person with mental illness or other illnesses is also a victim of domestic violence caused by their husband/wife.
Therefore, if a husband or wife falls into one of the above conditions, the other person will have the right to request the Court to unilaterally resolve the divorce without the consent of the other person.
Pursuant to the provisions of Article 396 of the 2015 Civil Procedure Code, it is necessary to prepare 01 set of valid documents including:
– Application for the Court to recognize an uncontested divorce (form 01-VDS – application for civil matter resolution issued under Resolution 04/2018/NQ-HDTP);
– 01 Marriage registration certificate of husband and wife (original);
– Copy/excerpt of birth certificate (if you have children);
– Valid citizen identification card/ID card/Passport of husband and wife;
– Household registration book/Documents that can prove the legal residence of husband and wife;
– Documents and evidence to prove that the agreement on divorce, child custody, and property division upon divorce is well-founded and legal for the couple (Article 55 of the Marriage Law). and Family 2014).
Pursuant to Article 190 of the 2015 Civil Procedure Code, it is necessary to prepare 01 set of valid documents including the following documents:
– Completely filled out unilateral divorce application according to the form issued in Resolution 01/2017/NQ-HDTP;
– 01 Marriage Registration Certificate (original);
– Copy/excerpt of the child’s birth certificate (if you have children);
– Valid citizen identification card/ID card/Passport of husband and wife;
– Household registration book/Documents that can prove the legal residence of husband and wife;
– Other documents and evidence to prove the request for unilateral divorce (Article 56 of the Law on Marriage and Family 2014);
According to the Marriage and Family Law 2014, there are two cases of divorce:
– Unilateral divorce,
– Divorce by mutual consent.
Procedures for unilateral divorce are as follows:
Step 1: Prepare and submit application
+ Spouses need to prepare the documents mentioned above. In addition, if there is evidence proving that the spouse has committed domestic violence, failed to properly perform his/her duties, etc., they must be provided to the Court.
+ After preparing all necessary documents, the person requesting divorce submits the documents to the competent Court. According to the provisions of Article 35 of the 2015 Civil Procedure Code, the District Court is the place with jurisdiction to resolve first-instance divorces.
Step 2: The court reviews and resolves
+ After receiving the divorce petition from the plaintiff, the Court must consider whether or not to accept the petition within 5 working days.
+ If the file is valid, the Court will send a notice to the plaintiff to pay the court fee advance. The Court will issue a decision to accept the unilateral divorce application from the time the plaintiff submits a receipt showing payment. Court fee advances (Articles 191, 195 of the 2015 Civil Procedure Code).
– Conciliation: Conciliation procedures at Court are a mandatory procedure before going to trial except for cases that cannot be conciliated or cannot be conciliated or cases that are resolved according to the procedure. Compact.
+ If the conciliation is successful: The Court will make a record of successful conciliation and after 07 days, if the parties have no change in opinion, the Court will issue a decision recognizing the conciliation as successful and this decision will be effective. immediate force and no right to appeal or protest.
+ If conciliation fails: The court must also make a record of unsuccessful conciliation and then decide to bring the case to trial.
+ First instance court hearing: After the Court decides to bring the case to trial, the parties will be sent a summons by the Court and be clearly informed of the time and location of the first instance court hearing.
Step 3: Issue a divorce judgment
If conciliation is not successful and it is deemed that there are sufficient conditions to resolve the divorce request, the Court will issue a judgment to terminate the couple’s marital relationship…
Procedures for an uncontested divorce are as follows:
Step 1: Prepare documents and submit them to the district court with jurisdiction
Step 2: Pay the fee and accept the processing
+ After receiving all documents, within 03 days, the Chief Justice of the Court will assign a Judge to resolve the case. If the application meets the conditions, the Judge will issue a fee payment notice and within 5 days, the couple will have to complete it.
+ Within 03 days from the date of acceptance, the parties will be notified of the resolution to recognize the divorce by mutual consent.
Step 3: The court considers the request and opens a public meeting to resolve the request to recognize an uncontested divorce
+ The time limit for preparing to consider the request is 01 month from the date the case is accepted. During this time, the Court will need to conduct mediation according to Article 207 of the 2015 Civil Procedure Code.
+ At that time, the Judge will conduct mediation so that the couple can reunite, explaining the rights and obligations of husband and wife, parents towards the child, and responsibility for child support…
Step 4: Make a decision to recognize the divorce by mutual consent
+ In case the reconciliation is successful and the husband and wife will reunite, the Court will issue a decision to suspend the resolution of both people’s divorce request.
+ If mediation fails and the couple still wishes to divorce, the Court will issue a decision recognizing the divorce by mutual consent. The marital relationship will end from the date the decision recognizing the divorce takes legal effect.
According to Resolution 326/2016/NQ-UBTVQH14, regulations on court fees for divorce are specifically as follows:
– Court fee for a divorce case without property dispute is: 300,000 VND;
– In addition to the 300,000 VND fine for property disputes, the parties will also have to pay an additional penalty for the portion of the property subject to the dispute determined according to the value of the property subject to the dispute.
In recent years, many individuals have chosen to use Viet My’s comprehensive divorce service. Divorce today is due to disagreements as well as many disputes over child custody, property, etc. Divorcing couples need legal support. With professionalism and experience in divorce procedures and marital disputes, Viet My Law is proud to introduce to customers Viet My’s comprehensive divorce service in Hanoi at extremely preferential prices. .
When using Viet My’s full divorce service in Hanoi, customers only need to wait for the fastest results, Viet My will accompany you to:
When divorcing, husband and wife can use the divorce form issued with Resolution 01/2017/NQ-HDTP. However, the current Council of Judges does not require which form the divorce petition must be used in. Therefore, you can use a handwritten or typed divorce petition, or buy it at the Court or download the form online.
Yes, a person suing for a unilateral divorce can submit an online petition by sending an electronic petition through the Court’s Electronic Portal (if the competent Court has an Electronic Portal).
The resolution time of an uncontested divorce case will last about 02 – 03 months, from the date the Court accepts the application. In case of unilateral divorce, the settlement time will be longer, possibly from 4 to 6 months. In reality, there may be disputes over child custody and property rights, which may take longer to resolve.
According to the provisions of Clause 3, Article 81 of the Law on Marriage and Family 2014, in the care, care, upbringing and education of children after divorce, children under 36 months of age will be given to the mother to directly raise, except for children under 36 months of age. In cases where the mother is not qualified to directly look after, care for, raise, and educate the child, or the parents have made other agreements to suit the child’s interests.
Separation can be understood as the fact that the couple no longer lives together, each person has their own life. Separation cannot be considered divorce because it is based on Article 57 of the 2014 Law on Marriage and Family. Accordingly, divorce will not end the marital status, and is not considered divorce.
Above is Viet My’s full divorce service in Hanoi in 2024. If you have difficulty implementing divorce procedures or other related issues, contact VIET MY LAW AND ACCOUNTING Please.
Mr. Nguyen Thanh Phuc has more than 15 years of experience in business administration, consulting, legal support, tax and strategic consulting. Mr. Nguyen Thanh Phuc is a leading expert in the field of Law and Accounting in Vietnam, founder of the Viet My Law and Accounting brand, which has successfully franchised more than 30 branches nationwide. Viet My is the only Vietnamese brand reputable enough to franchise and succeed in the fields of Law and Accounting.
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