Consulting services on procedure for divorce by mutual consent

DMS Law office in Danang, Vietnam advise on services and procedure for divorce by mutual consent ?

Consulting services on Mutual consent divorce procedure: Download

A court shall accept divorce petitions in accordance with the civil procedure law (Clause 1 Article 53 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014). 

When both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children. If the spouses fail to reach agreement or have reached an agreement which - fails to ensure the legitimate interests of the wife and children, the court shall settle the divorce (Article 55 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014). 

Any person requesting for recognition of voluntary divorces and agreements on child custody and property division upon divorces must submit petitions. A petition must include information specified in clause 2 Article 362 of this Code. Both husbands and wives requesting for recognition of voluntary divorces, agreements on child custody and property division upon divorces must have signatures or fingerprint signatures on petitions. In such cases, both husbands and wives shall be considered the petitioners. Enclosed with the petitions shall be materials and evidences proving that agreements on voluntary divorces and agreements on child custody and property division upon divorces are well-grounded and lawful (Article 396 The Civil Procedure Code No. 92/2015/QH13 dated November 25, 2015).

If the mediations are not successful, the Judges shall make decisions to recognize the voluntary divorces and agreements between involved parties as provided for in Article 212 of this Code if the following conditions are fully satisfied: The two sides really volunteer to divorce; The two sides have reached agreements on whether or not to divide the common properties, on the care, rearing and education of their children; Such agreements ensure the legitimate interests of the wives and their children (Clause 4 Article 397 The Civil Procedure Code No. 92/2015/QH13 dated November 25, 2015)./.

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Phone: 0914 165 703 

Email: dmslawfirm@gmail.com

DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son