What are the procedures for consensual divorce as stipulated?

Based on Article 55 of the 2014 Law on Marriage and Family, the amicable divorce is defined as follows:

In cases where both spouses request a divorce, if it is found that both parties truly voluntarily agree to the divorce and have reached an agreement on the division of property, the care, upbringing, nurturing, and education of the children on the basis of ensuring the legitimate rights and interests of the wife and children, the Court shall recognize the amicable divorce; if there is no agreement or the agreement does not ensure the legitimate rights and interests of the wife and children, the Court will resolve the divorce.

The dossier for making amicable divorce procedures includes:

- Amicable divorce request dossier

+ Original marriage certificate;

+ Application for confirmation of the couple's residence;

+ ID card and household registration (certified copies);

+ Children's birth certificates (copies);

+ Other documents proving property ownership (if any);

+ Minutes of undertaking to choose the People's Court in the place of residence of either spouse for resolution (if the spouses live and work in two different places);

Based on Clause 4, Article 397 of the 2015 Civil Procedure Code, mediation and recognition of amicable divorce, agreement on child custody, and division of assets upon divorce are regulated as follows:

In the event that mediation for reconciliation fails, the Judge shall issue a decision to recognize the amicable divorce and the agreement of the parties involved according to Article 212 of this Code, provided that the following conditions are met:

+ Both parties truly voluntarily agree to the divorce;

+ Both parties have reached an agreement on the division or non-division of common property, the care, upbringing, nurturing, and education of the children;

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

The decision to recognize an amicable divorce takes legal effect immediately, the parties do not have the right to appeal, and the Procuracy does not have the right to protest according to appellate procedures.

=> Thus, the conditions for requesting the recognition of an amicable divorce are that at the time of writing, signing, and submitting the application, the spouses voluntarily agree to the divorce and have agreed on:

- Agreeing to terminate the marital relationship between the two parties;

- Direct custody of the children and alimony (or voluntarily not requesting the court's resolution);

- Common property and common debt.

The content of the agreement between the spouses is also considered to ensure the legitimate rights and interests of the wife and children upon divorce.

The above is the content you requested.

Respectfully!