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Types of divorce in Vietnam

Divorce 16/11/2022

In particular, Law on Marriage and Family stipulated 2 main types of divorce. Based on the situation of the husband and wife in their marriage, their divorce will be settled according to these types. In this article, Apolo Lawyers - Solicitors & Litigators (+84) 903 419 479 will point out these types of divorce

1. Types of divorce according to Law on Marriage and Family 2014

Law on Marriage and Family defined divorce is a termination of the husband and wife relation under a legally effective judgment or decision. According to the provisions of Articles 55 and 56 of the Law on Marriage and Family 2014,  the law stipulates two main types of divorce: consensual divorce and unilateral divorce.

2. What is consensual divorce?

Consensual divorce is when husband and wife agree to divorce as well as common children and common property.

Therefore, consensual divorce can be known as divorce based on the agreement between the husband and wife. In addition, Article 55 of Law on Marriage and Family 2014 also stipulated the terms to be recognized as divorce consensually by the Court. Specifically:

- Both the husband and wife request divorce voluntarily

- Both parties reached an 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.

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3. What is unilateral divorce?

Unilateral divorce, also known as divorce at the request of one party, is the failure of the parties after conciliation and the Court deems there are grounds for the fact that the spouses have committed acts of domestic violence the husband and wife seriously violate the rights and obligations of the husband and wife, which is to let the marriage fall into a serious situation, the common life cannot be prolonged, the marriage purpose is not achieved, the divorce will be resolved.

4. Necessary procedures for divorce

To start the divorce procedure, you need to submit a file to the People Court of the District where the couple resides or works in case of consensual divorce or the People Court of The district where the defendant resides and works in the case of unilateral divorce. After providing all necessary documents for the divorce, you need to pay the fee or advance the court fee, then the Court will accept the file and proceed with the settlement according to general procedures.

At this time, the Court will conduct mediation and will send a summons letter to the couple. After unsuccessful conciliation, the Court will issue a decision to recognize the divorce in case the husband and wife consensual divorce and will carry out adjudication procedures and issue a divorce judgment in the case of divorce upon request of one party.

Normally, a divorce case will last from 4 to 6 months and a unilateral divorce will last from 6 months to 1 year. If the case is complicated, it may take longer to resolve the case. An experience to help the divorce take place as quickly as possible is when the husband and wife agree together on all necessary and related issues about the divorce such as common children, common property, common debt, etc.

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5. Legal service about divorce in Vietnam at Apolo Lawyers

If you want to divorce, do not hesitate to contact Apolo Lawyers - Solicitors & Litigators. We will support our client with these tasks:

  • Receiving opinions, and needs of clients on divorce, property division, and child-rearing upon divorce. 

  • Consulting on conditions of the consensual divorce, the subject has the right to request the Court to settle the divorce in accordance with the law on marriage and family. 

  • Advising on the rights and obligations of the parties towards the other party, common property, children, and joint debt after divorce; 

  • Consulting the contents in the Application for consensual divorce: marital status, agreement on common property, children, joint debt; 

  • Advice on the handling order of the Court and steps to be taken in the case of a consensual divorce. 

  • Drafting and finalizing the form and detailed content of the Application; 

  • Help the client to make and check the dossier of request for recognition of consensual divorce. 

  • Support clients in the process of working with competent authorities; 

  • Consulting on the fees of a consensual divorce, time to resolve the recognition of consensual divorce of the Court. 

>>> Read more: Consensual Divorce In The Absence Of A Spouse

>>> Read more: How to get the fastest divorce in Vietnam?

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in a divorce. Therefore, if you have any questions about divorce and need support, do not hesitate to contact Apolo Lawyer via email: contact@apolo.com.vn and hotline: (+84) 903.419.479 to be consulted and helped in the most optimal way.

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