I would like to find the divorce application form 2023. What is divorce by mutual consent? What is divorce at the request of one spouse?- Phuoc Vinh (Dong Nai, Vietnam)
Article table of contents
Regarding this issue, LawNet would like to answer as follows:
According to Clause 14, Article 3 of the Law on Marriage and Family 2014, divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.
Vietnam: Divorce application form 2023 and detailed instructions on how to fill it out (Internet image)
When getting a divorce, you need to keep in mind the following regulations:
1. The right to request settlement of divorce
Article 51 of the Law on Marriage and Family 2014 stipulates that husband or wife or both has or have the right to request a court to settle their divorce.
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.
A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.
2. What is divorce by mutual consent?
Pursuant to Article 55 of the Law on Marriage and Family 2014, when both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children.
If the spouses fail to reach agreement or have reached an agreement which -fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce.
* Form of application for divorce by mutual consent:
According to Resolution 04/2018/NQ-HDTP (amending Resolution 01/2017/NQ-HDTP), the application form for uncontested divorce is Form No. 01-VDS (Application to resolve civil matters).
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Form of application for divorce by mutual consent |
* How to fill out application for divorce by mutual consent:
- Section number (1) records the type of civil matter that the requester requests the Court resolve according to the provisions of the Civil Procedure Code.
For example: recognition of divorce by mutual consent,...
- Items (2) and (5) record the name of the Court with jurisdiction to resolve civil matters;
+ If it is the People's Court of a district, district, town, or provincial city, clearly state the name of the People's Court of the district, district, town, provincial city, or centrally run city (for example: People's Court of Thuong Tin district, Hanoi city);
+ If it is the People's Court of a province or centrally run city, write the People's Court of that province (city) (for example, the People's Court of Ha Nam province).
- Section number (3) clearly states the full name, date of birth, ID card number/citizen identification card/passport or other identification documents of the requester.
- Section number (4) if the requester is an individual, write the full address of that person's residence and place of work (if any) at the time of making the request. (for example: Binh An village, Phu Cuong commune, My Duc district, Hanoi city);
- Section number (6) specifically records the contents that the requester requests the Court to resolve.
For example: property division, foster care, child support...
- Section number (7) clearly states the reason, purpose, and basis for requesting the Court to resolve the civil matter.
- Section number (8) clearly states the full names, addresses of residence, and place of work (if any) of the people that the requester finds are involved in the resolution of that civil matter.
- Section number (9) records other information that the requester considers necessary for resolving his or her request.
- Section number (10) clearly states the names of documents and evidence attached to the request, whether they are copies or originals, in order 1, 2, 3,...
(for example: 1. Copy of ID card of Mr. Nguyen Van A; 2. Copy of marriage registration certificate of Mr. Tran Van B and Ms. Pham Thi C;....).
- Section number (11) records the location and time of the request.
- Section number (12) is the signature or fingerprint of the requester.
3. Regulations on divorce at the request of one spouse in Vietnam
According to Article 56 of the Law on Marriage and Family 2014, divorce at the request of one spouse is prescribed 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 the Law on Marriage and Family 2014, 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.
* Application form for divorce at the request of one spouse in Vietnam:
According to Resolution 01/2017/NQ-HDTP, the unilateral divorce application form is form No. 23-DS (Petition).
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Application form for divorce at the request of one spouse in Vietnam |
* How to fill out the application form for divorce at the request of one spouse in Vietnam
- Section (1) records the location where the lawsuit is filed (for example: Hanoi, date….. month….. year……).
- Section (2) records the name of the Court with jurisdiction to resolve the case;
+ If it is a district People's Court, it is necessary to clearly state which district People's Court belongs to which province or centrally run city (for example: People's Court of district A belongs to province B);
+ If it is a Provincial People's Court, clearly state which province (city) People's Court (for example, Hung Yen Provincial People's Court) and the address of that Court.
- Section (3) clearly states the full name of the plaintiff (the person requesting a unilateral divorce).
If the person requesting a unilateral divorce is a person who has lost civil act capacity, a person with limited civil act capacity, or a person who has difficulty understanding and controlling their behavior, write the full name and address of the person. legal representative of that individual.
- Section (4) records the full residential address of the person requesting a unilateral divorce at the time of filing the lawsuit.
- Section (5), (7), (9) and (12) are written similarly to the instructions in item (3).
- Section (6), (8), (10) and (13) are written similarly to the instructions in item (4).
- Section (11) specifically states each issue that requires the Court to resolve.
For example: dividing assets, raising children after divorce...
- Section number (14) clearly states the names of the documents accompanying the petition and what documents must be numbered (for example: 1. Copy of Mr. Nguyen Van A's ID card; 2. Copy of certificate received for the marriage registration of Mr. Tran Van B and Ms. Pham Thi C;...).
- Section (15) records the information that the plaintiff considers necessary for resolving the case.
- Section(16) is the signature or fingerprint of the plaintiff (person requesting unilateral divorce).
+ In case the plaintiff is a person who has lost civil act capacity, a person with limited civil act capacity, or a person who has difficulty understanding and controlling his or her actions, that legal representative must sign the signature.
+ In case the plaintiff or legal representative is illiterate, cannot see, does not make the petition himself, does not sign or fingerprint himself, then a person with full capacity to act in civil proceedings shall testify and sign the petition.
If the plaintiff is illiterate, a witness must sign the confirmation according to the provisions of Point c of Clause 2 of Article 189 of the Civil Procedure Code.
Nhu Mai
- Key word:
- divorce
- in Vietnam
