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1. The person has the right to file a unilateral divorce petition.

2. Necessary documents for unilateral divorce.

3. Where to file for divorce?

4. Time to conduct unilateral divorce.

5. Court fee for unilateral divorce.

1. Persons entitled to file a unilateral divorce petition

• A unilateral divorce is not the same as a consensual divorce, which has the consent of both husband and wife, unilateral divorce is when one of the spouses requests a divorce.
• Pursuant to Article 51 of the Law on Marriage and Family 2014, which stipulates who can request a unilateral divorce, specifically:

• Husband, wife or both husband and wife have the right to request the competent People's Court to settle the divorce;
• Parents and other relatives of the couple have the right to request the People's Court to resolve the divorce when one of the spouses due to mental illness or other diseases is unable to perceive or control the divorce. At the same time, they are victims of domestic violence caused by the husband and wife, which seriously affects their lives, health and spirit.
• Thus, based on Article 56 of the Law on Marriage and Family 2014, the People's Court will proceed with the divorce settlement in case there are grounds to believe that the marriage is falling into a serious situation, the common life of the spouses cannot last, their marital purposes cannot be achieved because:
• One of the spouses commits domestic violence;
• Husband or wife has seriously violated the rights and obligations of husband and wife (including: love, fidelity, respect, mutual help and sharing, living together unless otherwise agreed by husband and wife), etc.

• At the same time, in Clause 2, Article 51 of the Law on Marriage and Family 2014 emphasizes the following:
• The husband does not have the right to request a divorce in case the wife is pregnant, giving birth or the wife is raising a child under 12 months old.
• Therefore, it can be seen that the unilateral divorce may be asked by the spouse or other relatives of the spouses (meeting the conditions prescribed by law) to request the competent People's Court to settle down.

→  More articles:

 What is separation between spouses? Can I marry another person during the separation period?

2. Necessary documents for unilateral divorce:

• In order for the People's Court to have jurisdiction over a unilateral divorce, the petitioner for a unilateral divorce must fully prepare the following documents:
• Unilateral divorce application (according to the form);
• Original marriage registration certificate; if the petitioner for a unilateral divorce does not have the original, he/she may apply for a copy of the marriage registration certificate;
• An authenticated copy of ID card/Chip- based citizen card of the spouses;
• An authenticated copy of household registration book;
• An authenticated copy of the child's birth certificate (if the couple has a common child);
• In case husband and wife have common property: if they have common property and require division of common property upon divorce, prepare documents proving ownership of this common property…

→ Read more: Custody of children for a woman whose husband has died.

3.Where to file for divorce?

Figure 2. Thinh Tri Law - Where to file for divorce?

• Pursuant to Article 39 of the 2015 Civil Procedure Code, when requesting for a unilateral divorce, the person who requests for a unilateral divorce should file an application at the People's Court of the place where the defendant resides or works.
• Concurrently, based on Clause 1, Article 35 of the 2015 Civil Procedure Code, disputes over marriage and family will be settled by district courts according to first-instance procedures.
• However, if in this divorce case, the involved parties or involved parties have overseas assets, the district-level People's Courts will not have jurisdiction to settle, but this divorce case will fall under the jurisdiction of the district-level People's Courts. Provincial People's Court (Based on Article 37 of the 2015 Civil Procedure Code).
• Therefore, if two Vietnamese nationals divorce in the country, they will file a divorce petition at the district court where the person being asked for a unilateral divorce is residing and working. If the divorce case has foreign elements, it will be handled by the provincial People's Court.

4. Timeline to conduct a unilateral divorce:

• Time to conduct a unilateral divorce: Procedures for unilateral divorce will be carried out as a civil case. Therefore, according to the provisions of the Civil Procedure Code 2015 stipulating that the unilateral divorce time will have to go through stages such as: trial preparation, trial opening, etc.
• Normally, the time for the Court to resolve a unilateral divorce case usually lasts at least 04 months. However, in reality there are many complicated cases, due to many force majeure reasons, this time period may be longer than expected.

→ More articles: Advice on fastest divorce procedures during pregnancy.

5.Unilateral divorce court fees:

• Unilateral divorce court fees: In a unilateral divorce case, in addition to the marriage relationship requirement, usually both husband and wife will ask the People's Court to divide the common property of the husband and wife. Therefore, according to the provisions of Resolution No. 326/2016/UBTVQH14, if a divorce case has no value, the court fee is 300,000 VND.
• In contrast, for divorce cases without a value, the Court will base on the value of the property that has been divided, the divorce court fee will be from 300,000 VND or more. In which, the highest with assets of over 04 billion VND, the court fee will be 112 million VND with 0.1% of the asset value exceeding 04 billion VND.

More articles:

→ How to Get a Divorce Without Your Spouse?

→ What is the procedure for Divorce Without Your Spouse?

→ Detailed instructions on some regulations on child custody after divorce.

• Hope this article will provide useful information for you. Legal advice on marriage is one of the areas where Thinh Tri Law has a lot of practical experience. We are committed to providing the best solution for our customers.
• If you have any problems in the process of unilaterally divorce, please contact us for specific advice from professional lawyers. Because in fact, there are many cases that will arise during the divorce process, so the support of a lawyer will be the best solution for this problem. Please contact us via Hotline:

THINH TRI LAW LIMITED LIABILITY

"True commitment, full reliance"

Hotline: 1800 6365

1. The person has the right to file a unilateral divorce petition.

2. Necessary documents for unilateral divorce.

3. Where to file for divorce?

4. Timelines to conduct unilateral divorce.

5. Court fee for unilateral divorce.

1. Persons entitled to file for divorce unilaterally:

• Unilateral divorce is not the same as consensual divorce, which has the consent of both husband and wife, unilateral divorce is when one of the spouses requests a divorce.
• Pursuant to Article 51 of the Law on Marriage and Family 2014, which stipulates who is eligible for a unilateral divorce, specifically:

• Husband, wife or both husband and wife have the right to request the competent People's Court to settle the divorce;
• Parents and other relatives of the couple have the right to request the People's Court to resolve the divorce when one of the spouses due to mental illness or other diseases is unable to perceive or control the divorce. Additionally, they are victims of domestic violence caused by their own husbands and wives, which seriously affects their lives, health and spirit.

• Thus, based on Article 56 of the Law on Marriage and Family 2014, the People's Court will proceed with the divorce settlement in case there are grounds to believe that the marriage is falling into a serious situation, the common life of the spouses and the spouses of the spouses are not. husband and wife cannot last, their marital purposes cannot be achieved because;

• One of the spouses commits domestic violence;
• Husband or wife has seriously violated the rights and obligations of husband and wife (including: love, fidelity, respect, mutual help and sharing, living together unless otherwise agreed by husband and wife)...

• At the same time, in Clause 2, Article 51 of the Law on Marriage and Family 2014 emphasizes the following:
• The husband does not have the right to request a divorce in case the wife is pregnant, giving birth or the wife is raising a child under 12 months old.
• Therefore, it can be seen that the unilateral divorce may be asked by the spouse or other relatives of the spouses (meeting the conditions prescribed by law) to request the competent People's Court to settle.

→  Read more: What is separation? During the separation period, it is possible to marry another person.

2. Required documents for a unilateral divorce:

•  In order for the People's Court to have jurisdiction over a unilateral divorce, the petitioner for a unilateral divorce must fully prepare the following documents:

• Unilateral divorce application (according to the form);
• Original marriage registration certificate; if the petitioner for a unilateral divorce does not have the original, he/she may apply for a copy of the marriage registration certificate;
• Authenticated copy of ID card/chip- based citizen card of husband and wife;
• Authenticated copy of household registration book;
• Authenticated copy of the child's birth certificate (if the couple has a common child);

• In case husband and wife have common property: if they have common property and require division of common property upon divorce, prepare documents proving ownership of this common property, etc.

→ Read more: Detailed instructions on some regulations on child custody after divorce.

3. Where to file for divorce?

• Pursuant to Article 39 of the 2015 Civil Procedure Code, when requesting for a unilateral divorce, the person who has requested a unilateral divorce should file an application at the People's Court of the place where the defendant resides and works.
• At the same time, based on Clause 1, Article 35 of the 2015 Civil Procedure Code, disputes over marriage and family will be settled by district courts according to first-instance procedures.
• However, if this divorce case, the involved party or the involved parties have assets abroad, the district-level People's Court will not have jurisdiction to settle, but this divorce case will fall under the jurisdiction of the Court. Provincial People's Court (Based on Article 37 of the 2015 Civil Procedure Code).
• Therefore, if two Vietnamese citizens divorce in the country, they will file a divorce petition at the district court where the person being asked for a unilateral divorce is residing and working. If the divorce case has foreign elements, it will be handled by the provincial People's Court.

→ Read more: Property division upon divorce, is there any difference between the two property regimes?

4. Timelines to conduct a unilateral divorce::

Figure 2. Thinh Tri Law - Time to conduct unilateral divorce proceedings.

• Procedures for unilateral divorce will be carried out as a civil case. Therefore, according to the provisions of the Civil Procedure Code 2015 stipulating that the unilateral divorce time will have to go through stages such as: trial preparation, trial opening, etc.
• Normally, the time for the Court to resolve a unilateral divorce case usually lasts at least 04 months. However, in reality there are many complicated cases, due to many force majeure reasons, this time period may be longer than expected.

→ See also: Who will make alimony after divorce? How will alimony be punished?

5. Unilateral divorce court fees:

• In a unilateral divorce case, in addition to the request to settle the marital relationship, usually both husband and wife will ask the People's Court to divide the common property of the spouses.
• Therefore, according to the provisions of Resolution No. 326/2016/UBTVQH14, if a divorce case without property settlement, the court fee is 300,000 VND.
• In contrast, for divorce cases without a value, the Court will base on the value of the property that has been divided, the divorce court fee will be from 300,000 VND or more. In which, the highest with assets is over 04 billion VND, the court fee will be 112 million VND with 0.1% of the asset value exceeding 04 billion VND.

→ Read more:

→  Custody of children for a woman whose husband has died

→  Online divorce procedure consulting service

• Hope this article will provide useful information for you.
  • If you have any problems, please contact us for specific advice:
  • Consulting on conditions for unilateral divorce;
  • Advice on necessary documents to proceed with a unilateral divorce;
  • Consulting related to court fees in divorce;
  • Detailed instructions on issues arising when conducting a divorce such as cases where the other party intentionally does not cooperate, or lacks necessary documents, ...
• Any questions please contact:

 THINH TRI LAW LIMITED LIABILITY

“True commitment, full reliance"

Hotline: 1800 6365

Detailed instructions on divorce procedures in 2022 

a) Who has the right to request a divorce?

• Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court. Therefore, in order to proceed with the divorce, the couple must determine who has the right to request the divorce settlement.
• According to Article 51 of the Law on Marriage and Family 2014, a person has the right to request a divorce settlement, a spouse or both spouses have the right to request a competent People's Court to settle a divorce. A parent or relative of the couple has the right to request a competent People's Court to resolve a divorce when one of the spouses suffers from a mental illness or suffers from another disease that they cannot perceive or control; are victims of domestic violence caused by their husbands and wives, which seriously affects their lives, lives, health and mental health.
• The husband is not entitled to divorce when his wife is pregnant, giving birth or raising a child under 12 months old. However, in case the wife becomes pregnant, gives birth or raises a child under 12 months old, the wife has the right to request the Court for divorce.
• Therefore, we can see that the person who has the right to request a divorce can be a wife, husband or a third person in accordance with the law.

→  Read more: Detailed instructions on some regulations on child custody after divorce..

b) Requirements for divorce::

• According to current law, there are two types of divorce, which are mutual divorce and unilateral divorce. Therefore, for each type of divorce, different conditions will be required. Specifically:

• Conditions for an amicable divorce

• Both husband and wife voluntarily divorce;
• The husband and wife have agreed on child custody, common property division, child support obligations, etc.

• Conditions for unilateral divorce

• Husband and wife commit acts of domestic violence;
• One person seriously violates the rights and obligations, causing the marriage to fall into a serious state and the common life cannot last;
• The spouse is declared missing by the competent People's Court;
• One person has a mental or other illness and is a victim of domestic violence perpetrated by the other.

→ Read more:  How to build a house on the land of the wife's parents after a divorce​​​​​​​.

c) Documents to prepare for the divorce:

Figure 2. Thinh Tri Law - Documents to prepare for divorce.  

• Basically, the documents used in the case of an uncontested divorce or a unilateral divorce are the same, specifically:

• Original marriage registration certificate;
• Certified or notarized copy of ID card/CCCD of husband and wife;
• Certified or notarized copies of the children's birth certificates;
• A certified or notarized copy of the household registration book;
• A certified or notarized copy of the document proving ownership of the common property (if there is a common property).

• In case you do not keep the marriage certificate, you can contact the civil status agency where the marriage was registered to ask for a copy of the marriage certificate.
• In case the spouse's identity card is not available, he/she can follow the instructions of the Court to submit other identification documents.
• The only difference between the two forms of unilateral divorce and consensual divorce is the content of the divorce petition.

→ Read more: Principle of equality in divorce.

d) Where to submit divorce dossier?

 According to the provisions of Article 35 of the 2015 Civil Procedure Code, the district-level People's Court is the place with jurisdiction to settle divorce procedures at first instance.

• In the case of an amicable divorce:

• In case of divorce, the husband and wife can agree to go to the court of the place of residence of the spouse to conduct divorce procedures.
• Within 03 working days from the date of receipt of the petition, enclosed documents and evidences, the Chief Justice of the People's Court shall assign the Judge to settle the case.

• In case of unilateral divorce:

• Pursuant to Article 39 of the 2015 Civil Procedure Code, the People's Court of the place where the defendant resides and works has the competence to settle according to first-instance procedures disputes over marriage and family. Therefore, in the case of unilateral divorce, the People's Court of the place having jurisdiction will be the place where the defendant resides and works.
• Note: According to the provisions of Clause 4, Article 85 of the 2015 Civil Procedure Code, husband and wife are not allowed to authorize divorce for other people to participate in the proceedings, but can only ask to file applications, pay court fees, etc.

e) Divorce process:

• For unilateral divorce:

• Step 1: Competent People's Court to accept divorce petition
• Spouse – A person who wants to get a unilateral divorce must prepare dossiers, documents and evidences to submit to the competent People's Court.
• Step 2: Mediation Stage
• After receiving the divorce petition, the Court will consider whether to accept and accept the divorce case. If it considers that there are grounds to consider the divorce case, the Court will ask the applicant to pay the court fee in advance and hold a mediation session.
• If the conciliation is successful, the People's Court will issue a decision to recognize the successful conciliation; if the conciliation cannot be reached, the People's Court will bring the case to trial.

• Step 3: Stage of opening the first-instance court session

• After the trial, the People's Court will issue a judgment to terminate the marriage relationship between husband and wife.

• For an amicable divorce:

• Step 1: Competent People's Courts to accept applications

• Husband and wife prepare documents and submit them to the competent People's Court.

• Step 2: The stage of considering the application and opening a public meeting

• Prepare to consider the petition, open a public meeting to deal with the request for recognition of the consent for divorce. During this period, the Court will review the consent divorce petition, the grounds for terminating the marital relationship and issue a notice of advance fee payment.
• After paying the fee advance, the People's Court will open a public meeting to process the request for recognition of the consent of the divorce.
• Step 3: The People's Court issues a decision to recognize the consent of the divorce
• After conciliation is unsuccessful, the Court will issue a decision to recognize the divorce. On the contrary, if the Court conciliation is successful, it will proceed to suspend the settlement of the civil matter.

→ Read more:What is separation? Can I marry another person during the separation period?

• Hope this article will provide useful information for you. If you have any questions, please contact us directly:

THINH TRI LAW FIRM

Hotline: 1800 6365