There are two ways to get a divorce according to Vietnamese law: Divorce by mutual consent or divorce at a request of one of the spouses. Based on both legal provisions and in practice, divorce by mutual consent will take the shortest time to get done.
So, how can you get the divorce by mutual consent? This paragraph will explain and specify the conditions and procedures for getting a quick divorce by the mutual consent of both the wife and the husband.
First, the conditions for getting a divorce by mutual consent:
These are conditions that you must satisfy if you want a competent court to recognize a divorce by mutual consent:
- The two parties really and willingly want to divorce;
- The two parties have totally agreed with each other on whether or not their joint ownership properties is divided, and on looking after, nurturing, taking care of and educating their children; and
- Such agreement must ensure the legitimate interests of the wife and the children.
Note: Where the conciliation for reunification fails and the concerned parties fail to reach an agreement on distribution of the properties or on looking after, nurturing, taking care of and educating their children (even though a very little disagreement), the Court shall suspend the divorce matter regarding recognition of divorce by consent and agreement on raising children upon divorce and accept the case for resolution as procedures for divorce case at a request of one spouse. The Court will not be required to notify acceptance of the case nor re-appoint a judge to resolve the case.
Second, the procedures for divorce by mutual consent
The procedures for divorce by mutual consent: These procedures require 4 steps:
Step 1: Delivering an application for petition to request a competent Court at a locality in which the spouses live or work to resolve the mutual consent divorce. Such dossier includes:
- An application for recognition of divorce by mutual consent, and agreements on raising children and distributing properties upon divorce (as standard form). Both of the spouses must sign or fingerprint on this application;
- The marriage registration certificate (original);
- Registration book (certified copy);
- Identification card/passport (certified copy);
- Birth certificate of children; and
- Other data and evidence proving joint properties.
Then, this dossier may be delivered either directly or by post to the court.
Step 2: Paying court fees
After receiving the case, within 3 business days, a judge will be assigned to resolve it. If the judge considers that the dossier satisfies all conditions to accept jurisdiction, he will request the spouses applicant to pay the court fee for the acceptance of the solution of this petition. The period to pay the fee is within 5 days from the date of request.
Step 3: Preparation for consideration of the application
The Court has one month to consider the application. During this time, the Court must conduct a reconciliation in order for the wife and the husband to reunify. If the conciliation is successful, the Court will suspend the petition and the marriage relationship will be continuing. If not, the Court will conduct other step of consideration of the application.
Step 4: Holding a meeting for consideration of the application.
Within the period as mentioned in step 3, the court may take the decision to hold a meeting for consideration of the application. Within 15 days after the date of the decision, the Court must hold such meeting to consider as to whether the petition of recognition for mutual consent divorce can be approved. If the petition and agreements satisfy all conditions as provided by law, the Court will recognize their petition, and it often takes only 1 month to complete the divorce in this case.
Step 5: Resolution procedures at appellate court
If any of the spouses appeals or the procuracy protests against the decision of the first instance Court within the time – limit according to the applicable law, this matter may be solved at the appellate Court. The decision of the appellate Court is binding on both the wife and the husband, and will not be appealed or protested against.
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