The dossier of mutual consensual divorce in Vietnam

Mutual consensual divorce is a case the husband and wife have an agreement about the divorce matter. The dossier of mutual consensual divorce has many different elements from the dossier of unilateral divorce, especially regarding the form of application.

1. Who has the right to request the settlement of divorce in Vietnam?

Divorce means termination of the husband and wife relation under a legally effective judgment or decision of the court. Therefore, it is necessary to determine who has the right to request the court to settle the divorce. 

According to clause 1, Article 51 of Law on Marriage and family 2014, the person who has the right to request settlement of divorce in Vietnam includes:

1. Husband or wife or both have or have the right to request a court to settle their divorce.
2. A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health, or spirit.

2. The condition of mutual consensual divorce in Vietnam

Article 55 Law on Marriage and Family stipulates the requirement to divorce as follows:

When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, caring for, and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach an agreement or have reached an agreement that fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.

3. The dossier of mutual consensual divorce in Vietnam

According to clause 2, Article 29, Civil Procedure Code 2015, the request to recognize the mutual consensual divorce, and dividing property after divorce is determined to be civil matters. Therefore, the procedure of mutual consensual divorce needs the following documents to be settled by the court:

• An Application file for recognition of mutual consensual divorce (in standard form)
•  Copy of ID card, passport; Household registration (authenticated copies)
• The original marriage certificate (if any), in case of loss of originals of the marriage registration certificate, a certified true copy by the competent State agency shall be submitted. The contents of the application file of recognition of mutual consensual for divorce must clearly state the reasons for the loss of the original marriage certificate.
• A copy of the birth certificate of common children (authenticated copies)
• Copy of documents, and records on property ownership (if dispute on the property)
• If both parties marry in Vietnam, then the wife or husband leaves for a foreign country, there must be confirmed by the local authorities in Vietnam that one spouse has left the country and has deleted his / her name in the household register. The address must be provided in the foreign country of such spouse.
• If the two parties have registered their marriage under the law of foreign countries and wish to divorce in Vietnam, they shall have to make consular legalization of the marriage certificate and carry out the marriage registration procedures for recording at the Justice Section. In cases where the parties do not record the marriage but still want to divorce, the Application file for recognition of mutual consent for divorce must be clearly stated the reason for not recording the marriage certificate.

​>>> Read more: Principles of settlement of common property upon divorce

>>> Read more: 04 Notes In Case Of Consensual Divorce

4. Legal service about quick mutual consensual divorce in Vietnam at Apolo Lawyers

If you want a quick resolution of mutual consensual divorce, do not hesitate to contact Apolo Lawyers. 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. 

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.

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