Divorce proceedings

Divorce is a decision that no one wants in a marriage, however in some cases when both spouses are no longer happy or no longer safe in the relationship, divorce is inevitable and they want to learn about the divorce procedure as quickly as possible.

So what are the divorce procedures needed to ensure the maximum benefits of both spouses?

The divorce procedure is a complicated process and is carried out in two different forms: consensual divorce and unilateral divorce.

1. Consensual divorce procedure

Step 1: Documents and papers to prepare

Consensual divorce request

Marriage registration certificate (original)
Household registration book, ID card/CCCD (copy)
Copy of child's birth certificate (if any)
Other documents proving ownership of common property (if any) such as Land use rights certificate, savings book, ... (copy)

Application for divorce by mutual consent

Step 2: Filing a divorce petition

Submit a divorce petition to the People's Court of the district/county where the husband or wife resides or works
If the husband or wife is abroad or needs to be authorized to go abroad, the petition must be filed at the People's Court of the province where the husband or wife resides or works.
If the husband or wife is a citizen of a country that shares a border with Vietnam such as Laos, Cambodia, or China, the petition must be filed at the People's Court of the district where the husband or wife is a Vietnamese citizen residing or working

Step 3: Accepting and resolving the divorce

After receiving the petition, the Court will examine the petition and notify the payment of the advance court fee. During this stage, the Court will consider the petition for divorce by mutual consent, the grounds for terminating the marriage relationship, and the petitioner must pay the advance civil court fee at first instance and submit the receipt to the Court.

After the husband and wife pay the advance court fees, the Court will open a conciliation session to resolve the request for recognition of a consensual divorce.

Step 4: Issue a decision to resolve the divorce

After conducting the conciliation, there are two possible cases:

First, if the parties reach a settlement, the Court will issue a decision to suspend the divorce settlement

Second, if the parties fail to reach a settlement, the Court will issue a decision to recognize a consensual divorce. In case of failure to reach an agreement on common property and children or an agreement but does not ensure the rights of the wife or children, the Court will resolve the case in the form of unilateral divorce

2. Procedures for unilateral divorce

Step 1: Documents and papers to be prepared

Application for divorce according to the form
Marriage registration certificate (original)
Household registration book, ID card/CCCD (copy)
Copy of child's birth certificate (if any)
Other documents proving ownership of common property (if any)

Divorce petition

Step 2: Filing a divorce petition

According to the provisions of the 2015 Civil Procedure Code, the District People's Court is the competent authority to resolve divorce proceedings at the first instance

Article 39 of the 2015 Civil Procedure Code stipulates that the Court where the defendant resides or works has the authority to resolve disputes on marriage and family at the first instance.

Note: Clause 4, Article 85 of the 2015 Civil Procedure Code stipulates that in the case of divorce, the parties are not allowed to authorize another person to participate in the proceedings on their behalf. In case the father, mother, or other relatives request the Court to resolve the divorce according to the provisions of Clause 2, Article 51 of the Law on Marriage and Family, they are the representatives

Step 3: Accepting the divorce settlement

After 05 days from the date of receiving the unilateral divorce request and valid divorce documents, the Court will accept the divorce settlement and notify the person who submitted the application of the advance payment of court fees

Step 4: Reconciliation

After receiving the unilateral divorce request, the Court will conduct conciliation. In case the conciliation is successful, the Court will issue a decision recognizing the successful conciliation. In case the conciliation is unsuccessful, the next step will be taken

Step 5: First instance trial

If the conciliation is unsuccessful, the Court will open a first instance trial to bring the case to trial. After the trial, the Court will issue a judgment terminating the marriage relationship.

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