How to write an application for divorce? What are the most popular divorce application forms in Vietnam?
What is divorce? What is the right to request divorce settlement in Vietnam?
Pursuant to the provisions of Clause 14, Article 3 of the Law on Marriage and Family 2014, the interpretation of terms is as follows:
“14. Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.”
Accordingly, termination of the husband and wife relation under a court’s legally effective judgment or decision.
The court is the agency responsible for deciding to terminate the marriage relationship of husband and wife.
Article 51 of the Law on Marriage and Family 2014 provides for the right to request divorce settlement as follows:
“Article 51. The right to request settlement of divorce
1. Husband or wife or both has 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.
3. A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.”
Accordingly, husband, wife or both have the right to request the Court to settle the divorce.
What are the handwritten forms for consensual divorce in Vietnam?
The handwritten form for consensual divorce must meet the general standards of an administrative document and should note the following:
- The national title and slogan need to be written correctly and centered at the beginning as follows:
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
- Husband and wife's information: about full name, date of birth, ID/CCCD/Passport number, address, phone number, the most accurate address.
- Regarding marital relationship: It is necessary to fully state the time, the marriage history, the time of living together, the reason for the divorce (Due to adultery/gambling/domestic violence or due to disagreements, bland married life….?),
- Regarding children: In case there is a common child, it is necessary to write in full the common child, the wish about who to raise, and the proposal to raise the child, if any. In case the couple has reached an agreement, it is necessary to clearly state the agreement of the couple on adoption.
- Regarding property: In case the husband and wife have reached an agreement on the division of common property, it is necessary to clearly state the content of the agreement on division of common property. If there is no property, write none. If there is no agreement, the Court will be asked to divide.
- Regarding common debt: If there is a joint debt, specify the debt amount, who the creditor is, the time to pay the debt, etc. and propose the assignment of debt repayment obligations in the application. If there is no joint debt, write: No… If there is a joint debt but it is not necessary to divide it, write: Common debt voluntarily agreed by both parties without asking the Court to divide...
How to write an application for divorce? What are the most popular divorce application forms in Vietnam? (Image from the internet)
What are the latest standard handwritten divorce application form in Vietnam in 2022?
Handwritten form for consensual divorce:
Download the handwritten form for consensual divorce: Here.
Unilateral divorce form:
Download the handwritten form for unilateral divorce: Here.
Handwritten divorce form:
Download the handwritten divorce form: Here.
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