A DIVORCE BY MUTUAL CONSENT AND SOME NOTABLE POINTS

When a marriage becomes problematic, discord, cohabitation cannot last, and the purposes of marriage are not achieved, divorce is the solution that many couples choose. However, to legally terminate the marriage relationship, the parties are required to carry out divorce procedures under relevant laws. Below are some of our counseling information about divorce by mutual consent of both spouses.

Legal grounds:

- Law on Marriage and family 2014

- Civil Procedure Code 2015

- Resolution No. 326/2016/UBTVQH14

1. What is a mutual divorce?

An mutual divorce is a divorce with the consent and agreement of both husband and wife. The court will recognize an mutual divorce if:

(i) Considering that the two parties voluntarily divorce;

(ii) Have agreed on property division, looking after, raising, care for and education of their children based on ensuring the legitimate interests of the wife and children.

Therefore, in the event that an agreement cannot be reached or an agreement is reached but the legitimate interests of the wife and children are not guaranteed, the Court shall handle the divorce.

2. Competent authorities for the settlement of mutual divorce

The mutual divorce is determined to be a civil matter, so the completent authorities settling the mutual divorce will be determined based on the provisions of the civil procedure code. Accordingly, the district-level People's Court where one of the parties resides or works, has its jurisdiction to settle requests for recognition of a mutual divorce.

Note: In case of mutual divorce but her husband or his wife is abroad, the Provincial People's Court will have jurisdiction to settle according to Article 37 of the Civil Procedure Code 2015.

3. Procedures for mutual divorce

Because the divorce is done voluntarily and by mutual consent, the divorce procedure is also much simpler than a unilateral divorce. To be recognized as mutual divorce, both spouses need to file an application to a competent Court with the following documents:

(i) The petition contains all the contents as prescribed in Article 362.2 of the Civil Procedure Code 2015 and both spouses must sign or point to the petition;

(i) Marriage Certificate (Original);

(ii) Identity card of the spouses (certified copy);

(iii) Child's birth certificate (certified copy);

(iv) Household registration book;

(v) Documents proving ownership of common property (if there is a common property).

Within the time limit for considering the petition, the judge conduct conciliation to reunite the husband and wife; explain the rights and obligations between husband and wife, between father, mother and children, between other family members, about alimony and other issues related to marriage and family.

In case of after conciliation, spouses reunite, the judge shall issue a decision to suspend the settlement of their request. In case fail to conciliation and reunification, the judge shall issue a decision to recognize the mutual divorce and the agreement of the involved parties.

4. Fees for the mutual divorce

A mutual divorce fee is the amount of money that both husband and wifte shall pay for the Court to carry out divorce procedures based on legal provisions on court fees and charges.

According to Resolution No. 326/2016/UBTVQH14 dated December 30, 2016, the mutual divorce fee is 300,000 VND and each party will bear 50% of the fee (VND 150,000).

ADK & Co Vietnam Lawyers Law Firm