Unilateral divorce: What are the conditions and procedures?

Unilateral divorce: What are the conditions and procedures? (Illustration)

1. Conditions for unilateral divorce

According to Article 56 of the Law on Marriage and Family 2014 , a unilateral divorce (also known as a divorce at the request of one party) will be accepted by the Court in the following cases:

(1) When a spouse requests a divorce but the conciliation at the Court is unsuccessful, the Court shall grant the divorce if there are grounds for the fact that the husband or wife has committed domestic violence or seriously violated their rights. The obligations of husband and wife make the marriage fall into a serious state, living together cannot be prolonged, and the purpose of marriage cannot be achieved.

(2) The spouse of the person who is declared missing by the Court requests a divorce, the Court shall grant the divorce.

(3) There is a request for divorce from the father, mother, other relatives of the spouse due to a mental illness or another disease that is unable to perceive and control his or her behavior, and is also a victim of If domestic violence is caused by their husband/wife, which seriously affects the life, health and spirit of the spouse, the Court will decide for a divorce if there are grounds to believe that the husband or wife committed acts of domestic violence. seriously affect the life, health and spirit of the other.

Note that a husband does not have the right to request a divorce in case his wife is pregnant, giving birth or raising a child under 12 months old (according to Clause 3, Article 51 of the Law on Marriage and Family 2014 ).

2. Unilateral divorce procedure

2.1 Divorce file unilaterally

- Application for divorce (form HERE );

- Marriage registration certificate (original);

In case the spouse does not keep or because of disagreement with the divorce, the other party intentionally does not provide the marriage registration certificate, the spouse can go to the People's Committee of the commune or ward to request an extract of the marriage registration certificate. .

- Identity card or citizen's identity card of the spouse (certified copy);

- Birth certificate of children in case husband and wife have common children (certified copy);

- Other documents and evidences evidencing common property such as: Certificate of land use right (red book); Vehicle registration; passbook… (certified copy).

2.2 Steps to proceed with a unilateral divorce

Step 1 : The party requesting a divorce shall file a petition for a unilateral divorce at the district-level People's Court where the respondent (husband or wife) is residing or working.

In case of divorce involving foreign elements, it falls under the jurisdiction of the People's Court of the province.

Step 2 : Pay the court fee advance

The petitioner (spouse) shall pay the first-instance civil court fee advance at the district-level Judgment Execution Sub-Department within 07 working days after receiving the Court's notice.

The level of court fee advance is specified in Resolution 326/2016/UBTVQH14 .

The spouse requesting a unilateral divorce shall return the court fee advance receipt to the Court within 03 working days.

Step 3 : The court accepts the case, proceeds to settle the case according to general procedures and issues a judgment or decision to settle the case.

The Court will request the parties to conduct mediation at the Court. In case the conciliation fails, the Court will open the first-instance trial procedure.

2.3 Time limit for settlement of unilateral divorce case

Currently, there is no specific regulation on the time limit for settling divorce cases, however, according to actual cases, the time limit for resolving divorce cases can be from 4 to 6 months (may be as short as possible). more) depending on the level of complexity, the will of the parties.

Jewel

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