1. Divorce consultation by mutual consent at Duong Gia Law Firm
Divorce by mutual consent occurs when the spouses have reached agreements on key issues: the marital relationship, division of common property, obligations of raising, supporting, and educating children, and ensuring the legitimate interests of the wife and children.
According to Article 55 of the Marriage and Family Law 2014:
“Article 55. Divorce by mutual consent
When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are willing to divorce and have agreed upon the property division, looking after, raising, caring for, and educating their children based on ensuring the legitimate interests of the wife and children. If the spouses fail to reach an agreement or have reached an agreement which fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce”
Contact us: Duong Gia Law Firm
Address: 141 Diep Minh Chau, Cam Le District, Da Nang City
Hotline: 0931548999
1.1. Petition for divorce by mutual consent
According to the provisions of the Civil Procedure Code, divorce by mutual consent falls under civil matters. Therefore, the Petition for Divorce by mutual consent forms shall be applied in accordance with the Civil matter resolution request form No. 01-VDS (issued as part of Resolution No. 04/2018/NQ-HĐTP). The Courts issue guidelines for the Petition for Divorce by mutual consent based on this form for the involved parties to use. You may contact a divorce lawyer for guidance on drafting the petition in compliance with legal regulations and the specific form standards of each Court.
1.2. Consensual divorce records
- Application for recognition of consensual divorce, child custody, and property division upon divorce according to the form of the District/County People’s Court;
- Application for refusal of pre-litigation mediation (when necessary);
- Original marriage registration certificate of the couple;
- Copies of the identity cards or citizen identification cards of the couple;
- Copies or extracts of birth certificates of the common children;
- Certificate of information on the residence of the couple;
- Documents and evidence related to the common property and common debts of the couple;
- Other documents and evidence according to the law on divorce.
2. Consultation on unilateral divorce by Duong Gia Law Firm
Unilateral divorce in Vietnam is a case where one of the spouses requests a divorce without the consent of the other party. Alternatively, it can occur when both spouses are unable to agree on child custody and the division of common property.
According to Article 56 of the Marriage and Family Law 2014:
“Article 56. Divorce at the request of one spouse
- 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”
2.1. Unilateral divorce petition
According to the provisions of the Civil Procedure Code, the unilateral divorce procedure is considered a civil case. The Unilateral divorce petition form shall be applied in accordance with the Civil case appeal form (Form No. 23-DS, issued as part of Resolution 01/2017/NQ-HĐTP).
You may complete the necessary information in the provided form, then, submit the petition along with the required documentation to the court for the resolution of the divorce proceedings. If you are unsure how to draft the petition, you can contact the divorce service in Da Nang of Duong Gia Law at 093.154.8999 for consultation and assistance.
Presently, Duong Gia Law in Da Nang offers the most up-to-date Divorce petition forms as recognized by the courts in Da Nang.
2.2. Unilateral divorce dossier
- A petition for divorce according to the form of the District/County People’s Court;
- A petition to refuse pre-litigation mediation (when necessary);
- Original marriage registration certificate of the couple;
- Copies of the ID cards or citizen identification cards of the couple;
- Copies or extracts of birth certificates of the common children;
- Certificate of information on the residence of the couple;
- Documents and evidence related to the common property and common debt of the couple;
- Documents and evidence on marital conflicts (if any);
- Other documents and evidence according to the provisions of law related to the divorce case.
3. Where to file for divorce
In accordance with the provisions set forth in Articles 35, 37, and 39 of the Civil Procedure Code 2015, depending on the circumstances of the divorce, either the wife or the husband will submit the petition to different courts, specifically:
- In the case of divorce by mutual consent: the divorce petition shall be submitted to the competent People’s Court where either the wife, or husband, or both reside or work.
- In the case of unilateral divorce: the divorce petition shall be submitted to the competent People’s Court where the defendant currently resides or works.
- In the case of a divorce involving foreign elements: the involved parties shall submit the divorce petition to the provincial People’s Court for resolution.
Note: In the case of divorce between Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam, the petition should be submitted to the People’s Court at the district level where the Vietnamese citizen resides.
4. Benefits of using divorce services at Duong Gia Law Firm
- Advice on how to write a divorce application, divorce application form;
- Advice on divorce records. Support in collecting documents and evidence so that you can complete the divorce file;
- Consulting services for unilateral divorce procedures, consensual divorce;
- Consulting services for divorce to gain child custody;
- Consulting services for unilateral divorce to divide the couple’s common property. Procedures for requesting the court to divide the couple’s common property after divorce;
- Services for requesting the court not to recognize the marital relationship, to annul illegal marriages;
- Consulting services for divorce procedures involving foreign elements. Divorce with missing people, people who have lost civil capacity. Divorce with people who are serving prison sentences.
Introducing Duong Gia Law Firm LLC – Prestigious Legal Services!
5. Why choose Duong Gia Da Nang Law Firm?
- Save time: Lawyers of Duong Gia Law Firm will support drafting all documents, filing a lawsuit, and working with the competent people’s court. Avoid the case of documents being requested to be supplemented, returned, or delayed. Customers only have to attend a single working session.
- Cost savings: Compared to the lengthy and complicated divorce process, using a consensual divorce service can reduce legal fees and other costs related to the divorce process.
- Information security: We are always committed to keeping customer information absolutely confidential. All personal information about assets and children will be private and confidential throughout the settlement process and even after the case is resolved.
- Professionalism and experience: Professional lawyers with many years of experience at Duong Gia Law will provide maximum support to customers, ensuring the settlement process is smooth and quick.
6. Contact information to use the services of Luat Duong Gia
DUONG GIA LAW FIRM – DA NANG BRANCH
Address: 141 Diep Minh Chau, Hoa Xuan Ward, Cam Le District, Da Nang City
Phone: 0931548999; 02367300899
