How long after divorce by mutual consent will the marriage end in Vietnam?

How long after divorce by mutual consent will the marriage end in Vietnam?

Me and my husband decided to divorce, all issues of common property, our children have been settled. We have filed a petition in court. So please advise me how long will it take for the marriage to end after a divorce? Looking forward to hearing from you soon. Sincerely thank!

Reply:

According to the provisions of the Civil Procedure Code 2015, the time to process the divorce consent procedure will be implemented as follows:

- Within 03 working days from the date of receiving the request to recognize an uncontested divorce, the Chief Justice of the Court assigns a Judge to resolve the request.

- When determining that the request is eligible to be accepted, the Judge will notify the requester of the payment of the fee to request civil matter resolution within 05 working days from the date of receipt of the payment notice. 

- Within 03 working days from the date of accepting the request, the Court must notify the requester in writing.

- The time limit for preparing to consider the petition is 01 month from the date the Court accepts the petition.

- During the time limit for preparing to consider the petition, the judge must conduct conciliation for the husband and wife to reunite.

- In case of unsuccessful conciliation and reunion, after 07 days from the date of unsuccessful conciliation, the judge will issue a decision to recognize the divorce by mutual consent and the agreement of the parties must meet all of the following conditions:

+ Both parties truly voluntarily divorce;

+ The two parties have reached an agreement on whether or not to divide common property, the care, upbringing, care, and education of the child;

+ The agreement must ensure the legitimate rights of the wife and children.

- The decision recognizing the agreement between the parties takes legal effect immediately after being issued.

The marriage relationship terminates from the date on which the decision on recognition of consent to divorce takes legal effect in Vietnam.

Which marriage and family petitions fall under jurisdiction of the District People's Court in Vietnam?

I'm a 2nd year student at Khoan Law School, Hue University. I have the following questions, I look forward to hearing from you. Specifically: Which marriage and family petitions fall under jurisdiction of the District People's Court?

Reply:

Marriage and family requests fall under the jurisdiction of the district-level People's Courts specified at Point b, Clause 2, Article 35 of the 2015 Civil Procedure Code, specifically as follows:

Petitions relating to marriage and family prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of Article 29 of this Code;

1. The petitions for revocation of illegal marriages.

2. The petitions for recognition of voluntary divorces and agreements on child custody and property division upon divorces.

3. The petitions for recognition of agreements between the parents about the change of post-divorce custodian or recognition of change of post-divorce child custodian decided by agencies, organizations and individuals according o law regulations on marriage and family.

4. The petitions for restriction on rights of a father or mother towards a minor child or his/her right to see the child after divorce.

5. The petitions for termination of the adoption of children.

6. The petitions relating to the surrogacy according to law regulations on marriage and family.

7. The petitions for recognition of agreements of termination of the effect of the division of spousal common properties during their marriage to have been carried out according to the judgments/decisions of the Courts.

8. The petitions for declaration of nullification of the agreements on the property division between the husband and the wife according to legislation on marriage and family.

10. The petition for determination of fathers or mothers for children; or determination of children for fathers or mothers according to legislation on marriage and family.

11. Other petitions relating to marriage and family, except for cases within the jurisdiction of other agencies and organizations as prescribed by law.

What is time of termination of marriage relationship in Vietnam? 

What is time of termination of marriage relationship? The Court of Appeals decided to give my husband and I a divorce. For my wife and I's shared house, I get the entire house and have to pay my wife 300 million VND. So can I register my marriage with someone else or do I have to pay her to get permission? Looking forward to the advice. Sincere thanks!

Reply:

As you mentioned, the appellate court has decided to divorce you and your wife. Thus, you have become single and have complete rights to marry someone else.

Article 57 of the Law on Marriage and Family 2014 stipulates time of termination of marriage and responsibility to send divorce judgments or decisions:

1. The marriage relation shall terminate on the date a court’s divorce judgment or decision takes legally effective.

2. The court that has settled a divorce shall send the legally effective divorce judgment or decision to the agency registering such marriage for recording in the civil status register; the divorced partners; and other persons, agencies and organizations as prescribed by the Civil Procedure Code and other relevant laws.

Clause 6, Article 313 of the 2015 Civil Procedure Code also stipulates that the appellate judgments shall take effect as from the date they are pronounced.

Thus, from the date the Court of Appeal pronounced the judgment for you and your husband to divorce, this judgment has become legally effective. Since then, your spouse's marital relationship has ended and you can register your marriage when you meet the legal marriage regulations in Vietnam.

For judgment enforcement related to property, when your ex-wife or you request judgment enforcement within the judgment execution period, the judgment enforcement agency will handle that request in Vietnam.

Best regards!