How long does it take to resolve a consensual divorce?

When they realize their marital relationship can not last any longer, couples often agree to divorce. In this article, Apolo Lawyers - Solicitors & Litigators (Tel:(+84) 903. 419. 479) will inform our Clients how long often does a consensual divorce take.

1. What does “consensual divorce” mean?

According to the provisions of Article 55 of the Law on Marriage and Family 2014, an consensual divorce is in case the husband and wife both request a divorce, if it is found that the two parties really voluntarily divorce and have agreed on the division of property, the custody, rearing, care and education of children on the basis of ensuring the legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; if no agreement is reached or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce.

>>> Read more: Dossier and procedure for consensual divorce with foreigner

How long does it take to resolve a consensual divorce?

2. What information is required in a petition for recognition of consent for divorce, child custody agreement, property division upon divorce?

Husband and wife requesting the Court to recognize the consensual divorce, agreement on child rearing, and division of property upon divorce must make a petition. The application must contain the following information:

• Date, month and year of making the application;

• Name of the court competent to handle civil matters;

• Name and address; phone number, fax, email address (if applicable) of husband and wife;

• Specific issues to be resolved by the Court and the reasons, purposes and grounds for requesting the Court to settle such civil matters;

• Names and addresses of persons involved in the settlement of that civil matter (if applicable);

• Other information that the spouse deems necessary for the settlement of his request;

• Husband and wife must both sign or fingerprint.

Husband and wife jointly requesting the Court to recognize the consent of the divorce, agreement on child rearing, and division of property upon divorce must sign or point to the petition. In this case, both husband and wife are identified as the petitioner.

Enclosed with the petition, the petitioner must send documents and evidences to prove that the agreement on divorce consent, the agreement on child rearing and division of property upon divorce is grounded and lawful.

>>> Read more: The dossier of mutual consensual divorce

How long does it take to resolve a consensual divorce?

3. How long does it take to resolve a consensual divorce?

According to Vietnamese law, the average time for a divorce settlement is from 3 to 4 months. However, in the case of normal settlement, Apolo Lawyers can support to carry out the divorce consent procedure within 02 months in case both are in Vietnam and from 03 to 06 months for complicated cases - 01 person is abroad, the other is in Vietnam.

4. What can the Lawyer help you with?

• Advising clients on legal regulations on marriage; rights and obligations of the parties towards their children; property division; obligations of the parties after the divorce…;

• Advising clients on what can be agreed upon before divorce;

• On behalf of the client to negotiate an agreement with the other party on the marriage relationship; asset; obligations of the parties after the divorce;

• Representing clients to file for divorce as well as working with the Court upon summoning requests.

Apolo Lawyers is always ready to accompany and support customers in consulting and solving arising problems in order to limit possible risks, affecting the rights and interests of customers.

>>> Read more: Advice on procedures for recognition of consensual divorce at Court

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in divorce involving foreign elements. Therefore, if you have any questions about divorce involving foreign elements 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.