Divorce settlement in court

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When one of the spouses requests a divorce but the conciliation at the Court is unsuccessful, the Court shall consider and settle the divorce.

1. Divorce file includes: Thủ tục ly hôn đơn phương nhanh nhất

– An application for divorce made according to the form certified by the People’s Committee of the commune and ward of the household registration book and the signature of the applicant.

Note: The application should clearly state the following issues:

+ About marriage: where, when, is it legal to get married? When does the conflict happen, what is the main conflict? Do husband and wife live separately? If yes, from what time to when?

+ About common children: How many children in common, what name, date of birth? When getting a divorce, what are your views on child rearing and alimony?

+ About common property: What are the common properties, are there papers attached, and views on division of common property?

+ General debt: Do you owe anyone? Or is anyone in debt? Attached documents and general views on debt settlement?

– Marriage registration certificate (the original / in case the original is not available, it must be certified by the People’s Committee of the place where the marriage is registered)

– Copy of Passport (notarized)

– Copy of the applicant’s identity card (notarized)

– A copy of the child’s birth certificate

– Documents proving the common property / common debt of husband and wife (if there is common property to be divided)

3.  Divorce procedures

Step 1: File for divorce

After having all the above-mentioned documents, the person who requests for divorce will proceed to file an application with a competent court.

Step 2: The court accepts the divorce case

– The court receives the divorce application and records it in the application receipt book. Within 05 working days from the date of receipt of the application, the Court must consider and issue one of the following decisions: Accept the case if the divorce application and accompanying documents are complete; Return the petition to the divorcee and guide the divorcee to supplement and complete the papers and documents.

– The court must notify the divorcee of the acceptance of the case so that they come to pay the divorce court fee advance in case they have to pay the court fee advance.

– The court shall enter the case acceptance book when the divorcee submits to the Court a receipt for payment of the court fee advance. In cases where divorce applicants are exempted or are not required to pay court cost and fee advances, the courts must accept the cases when receiving the lawsuit petitions and enclosed documents.

Step 3: Mediation at Court

After accepting the divorce petition, the Court must conduct conciliation. The court must notify the husband and wife of the time and place of the conciliation session and the contents of the issues to be conciliated. When conciliation has been conducted, if the conciliation and reunification is successful but the divorce petitioner withdraws the petition for divorce, the court shall issue a decision to terminate the settlement of the case; if the divorce applicant does not withdraw the petition for divorce, the court shall make a record of conciliation and reunification. 

Step 4: Trial of divorce case

In case the divorce case is unsuccessful, the Court will conduct the first-instance trial of the divorce case. Trial procedures are carried out in accordance with the current Civil Procedure Code.

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