Vietnam: Latest unilateral divorce form (Form No. 23-DS) 2022? What conditions do you need to unilaterally divorce?
Latest unilateral divorce form (Form No. 23-DS) 2022 of Vietnam?
The current unilateral divorce form is a form of petition specified in Resolution 01/2017/NQ-HDTP under form No. 23-DS Petition as follows:
Download the unilateral divorce form: Here.
Vietnam: Latest unilateral divorce form (Form No. 23-DS) 2022? What conditions do you need to unilaterally divorce?
What are the conditions for being asked to unilaterally divorce in Vietnam?
Pursuant to Article 56 of the 2014 Law on Marriage and Family, divorce at the request of one party is as follows:
- When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.
- When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.
- For request for a divorce under Clause 2, Article 51 of this Law, a court shall permit the divorce if it has grounds to believe that the domestic violence committed by one spouse seriously harms the life, health or spirit of the other.
Accordingly, if you want to unilaterally divorce, you must prove that you belong to the above cases.
Where to file for a unilateral divorce in Vietnam?
Article 39 of the 2015 Code of Civil Procedure stipulates that the court where the defendant resides and works has the authority to settle according to the first-instance procedure for marital and family disputes. Therefore, in case of unilateral divorce, the Court where the jurisdiction to settle will be the place where the defendant resides and works.
It is worth noting: Currently, according to the provisions of Clause 4, Article 85 of the Civil Procedure Code in 2015, spouses are not authorized to divorce others to participate in the proceedings, but only by filing applications, paying court fees... Instead, if they are unable to participate in the proceedings, the spouses may submit a petition for trial in absentia to the Court…
Splitting assets and gaining custody of children after divorce according to Vietnamese regulations?
Pursuant to Article 59 of the 2014 Law on Marriage and Family, the division of property after divorce is as follows:
“Article 59. Principles of settlement of property of husband and wife upon divorce
1. The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.
In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.
2. Common property shall be divided into two, taking into account the following factors:
a/ Circumstances of the family, husband and wife;
b/ Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;
c/ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;
d/ Each spouse’s faults in the infringement of spousal rights and obligations.
3. Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.
4. Separate property of a spouse shall be under his/her ownership, except for separate property already merged into common property in accordance with this Law.
A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.
5. The lawful rights and interests of the wife, minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves shall be protected.
6. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in, guiding this Article.”
Pursuant to Article 81 of the 2014 Law on Marriage and Family, child custody after divorce is as follows:
“Article 81. Looking after, care for, raising and education of children after divorce
1. After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Law, the Civil Code and other relevant laws.
2. Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.”
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