PRODURES FOR DIVORCE AT THE REQUEST OF ONE SPOUSE
T2H Lawyers would like to inform the produces for divorce at the request of one spouse via this post below:
Divorce at the request of one spouse is when one party of spouses requests a divorce and not have an agreement upon the property division, looking after, raising, care for and education of their children.
Pursuant to the Law on Marriage and Family, after accepting a divorce petition, the Court shall conduct conciliation. If the conciliation at the Court fails, the Court shall permit the divorce when 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.
- A dossier compries this following documents:
+ A divorce petition;
+ Original of marriage certificate;
+ A notirized copy of both spouse’s Identity card;
+ A notirized copy of the birth certificate of the spouse’s children;
+ A notirized copy of residence book;
And another related papers (if any).
- The time limit to settle divorce at the request of one spouse:
- According to Article 203 of The Civil Procedure Code 2015, the time limit for trial preparation for divorce at the request of one spouse is 04 months counting from the day on which the cases are accepted;
For complicated cases, or when due to force majeure events or objective obstacles, the Chief Justices of Courts may decide to extend the trial preparation time limit but for not more than 02 months.
- Within the trial preparation time limit, the Judge shall collect documents, envidences, conduct conciliation and on a case-by-case basis, issue one of the following decisions:
1/ To recognize the agreement between the involved parties;
2/ To suspend the resolution of the civil lawsuit;
3/ To terminate the resolution of the civil lawsuit;
4/ To bring the case to trial.
- Within 01 months from the day on which the decision to bring the case to trial is issued, the Court must open a Court session (In case of good and sufficient reason, this time limit shall be 02 months).
In fact, depending on the nature of the case, the time limit to settle divorce at the request of one spouse could be shorter or longer than that prescribed in Law.
- Consulting on rights to raise the children:
- After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.
- Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
- The parent who does not directly raise a child shall have obligations to support this child and rights as well as obligations to visit and care for this child without being obstructed by any person.
- A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.
- The settlement of common property of husband and wife upon divorce:
The common property and obligations of spouse upon divorce shall be agreed upon by the concerned parties. If they fail to reach agreement thereon, at the request of a spouse or both, the Court shall settle it.
- Common property shall be divided into two, taking into account the following factors:
- Circumstances of the family, husband and wife;
- Each spouse’s contributions to the creation, maintenance and development of common property (The housework done in the family by a spouse shall be regarded as income-generating labor);
- Protecting the legitimate rights and interests of the wife, minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves;
- Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;
- Each spouse’s faults in the infringement of spousal rights and obligations.
- Common property of husband and wife shall be divided in kind (if impossible) or be divided based on its value. The party who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.
- T2H Lawyers’s legal service to settle divorce at the request of one spouse:
- T2H Lawyers would consult, support and deputize to protect the rights of the client in the process of settlement the divorce;
- We would prepare and represent the client to file the dossier at the competent Court;
- The client’s information would be absolutely secured;
- Consulting the fees accurately and solving the case quickly, effectively with the optimal charge.
Please contact us for detailed advice.
T2H Law Liability limited company
Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi
Branch office: Floor 4, no.2, 115 Chien Thang Street, Van Quan Ward, Ha Dong District, Hanoi.
Phone: 0242 242 9900 – 0989 656 682
Website: https://t2hlawyers.vn
Email: contact.t2h@t2h.vn – huong.le@t2h.vn
