How to Send the Mutual Consent Divorce Decision to the Parties Involved?
Question:
My spouse and I have been divorced for more than 3 years. About 1 month after the court invited both parties to sign the divorce agreement, my wife received the court’s divorce decision. As for me, until now, I have not received the divorce decision. I inquired with the local judicial officer, and they confirmed having received the court’s decision. So, is it correct or incorrect that the court did not send me the divorce decision? Now, if I want to obtain that decision, do I have to inquire at the court? Thank you very much!As per the information you provided, you and your spouse were granted a divorce by the Court under the mutual consent divorce category as stipulated in Clause 4, Article 397 of the 2015 Civil Procedure Code.
Accordingly, the mutual consent divorce agreement by the parties will be executed by the Court following the procedures specified in Article 212 of the 2015 Civil Procedure Code. According to Clause 1 of this Article, within 05 working days from the date of acknowledgment of the agreement of the parties, the Court must send that decision to the parties and the same-level Procuracy.
However, based on Clause 5, Article 177 regarding the issuance, delivery, and notification in the event you are absent from your place of residence with an unclear return time or an unknown new residence, the issuer, deliverer, and notifier will make a record of the failure to execute the tasks above, with the confirmation of the representative of the neighborhood group, commune-level town police. Simultaneously, they publicly post the documents required to be notified.
The procedure for public posting will be authorized to the People's Committee of the commune where you reside to execute; hence, this may be the reason why the judicial officer at your place of residence received the decision sent by the Court.
Based on Clause 21, Article 70 of the 2015 Civil Procedure Code, you have the right to be issued with the Court's decision. Therefore, to obtain the copies, you can submit a request to the court that issued the mutual consent divorce acknowledgment decision to provide you with a duplicate of the divorce acknowledgment decision.
The above is the content of the consultation sent to you by the Editorial Board.
Sincerely!
