1.What is consensual divorce?
Accordingly, if only husband or wife requests for divorce, the divorce will be settled based the request of that party (also called “unilateral divorce”)
On the other hand, if both husband and wife request for divorce, the Court will settle based on the procedure for consensual divorce.
Therefore, consensual divorce can be known as the divorce based on the agreement of the husband and wife. In addition, Article 55 Law on Marriage and Family 2014 also stipulated the terms to be recognized divorce consensually by the Court. Specifically:
- Both the husband and wife request for divorce voluntarily
- Both the parties reached on the agreement relating to property division, nursing children, support …
- The Court recognizes the consensual divorce.
Therefore, the divorce of the parties is only recognized legally when meeting the above terms.
According to Clause 2 Article 29 the Civil Procedure Code 2015, the requests for the recognization of the consensual divorce, the nursing children and property division agreement is the civil matters. So, husband and wife have to prepare the following dossier for consensual divorce:
- The Certificate of Marriage (original). If not having, the parties can request civil status agency to issue the copy.
- Identity card of each party (certified copy). If not having, the parties have to follow the instructions of the Court to apply alternative documents
- Birth certificates of their children (certified copy)
- The family registration book (certified copy)
- The documents relating to common property (certified copy)
Especially, the most important documents is the application for consensual divorce signed by the parties.
To carry out the procedure for consensual divorce, the parties shall take the following steps:
Step 1: Preparing documents and apply for the District Court in which has the jurisdiction according to Law on Marriage and Family 2014.
Step 2: Paying of charge for civil matter resolution
After receiving the petition and accompanied materials, the Chief Justice of the Court shall assign a Judge to handle the petition. If the petition and accompanied materials are deemed satisfactory to be accepted, the Judge shall notify the petitioner about the payment of charge for civil matter resolution within 05 working days from the day on which the notice of charge payment is received.
Within 03 days from the day on which the case is accepted, the parties will be notified about settling their request.
Step 3: The Court considers the application and holds the meetings to settle the request for consensual divorce
Within 1 month from the day on which the case is accepted, the Court shall conduct the mediation according to Article 207, the Civil Procedure Code 2015.
Judges must conduct mediations to unify husbands and wives; explain about rights and obligations between wife and husband, parents and children and between members of family and rights and obligations in providing alimonies and other matters related to marriage and family.
Step 4: Making decisions to recognize the consensual divorce and agreement between the parties.
If after the mediations, the wives and the husbands decide to reunite, Judges shall issue decisions to terminate the resolution of their petitions.
If the mediations for reunification are not successful and involved parties cannot reach agreements about the division of properties and the care, rearing and education of children, then the Courts shall terminate the settlement of civil matters pertaining to recognition of consensual divorce. The marriage relationship terminated from the day on which the decision of the recognition of consensual divorce takes effect.
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