In the case where husband and wife jointly request a divorce, if it is found that both parties really voluntarily divorce and have reached an agreement on the division of property, the care, rearing, care and education of children on a guaranteed basis. the legitimate interests of the wife and children, the Court shall recognize the consent of the divorce.

In order to help customers answer questions about the procedures for recognition of consent to the divorce, Hong Bang Law Firm would like to send to customers the consulting service of consent to divorce. Ensure all procedures will be consulted as quickly and accurately as possible.

Legal basis

• Law on Marriage and Family 2014.
• Civil Procedure Code 2015.

Consulting content

Conditions for proceeding with the consent divorce procedure:

• Both parties actually voluntarily divorced.
• The two parties have reached an agreement on the division or non-division of property, the care, upbringing, care and education of the children.
• The agreement of the two parties on property and children in each of these specific cases is to ensure the legitimate interests of the wife and children.

Procedures 

Step 1: Submit the application for recognition of consensual divorce at the district-level People’s Court where the spouse resides or works.

Step 2: After receiving the application for recognition of consent for divorce with valid documents, the Court will accept the settlement and will issue a notice of payment of court fee advance to the applicant.

Step 3: Based on the notice of the Court, the involved parties shall pay the fee advance at the district-level Civil Judgment Execution Sub-Department and return the payment receipt to the Court.

Note: If the People’s Court of the province settles it, it shall be submitted to the Provincial Civil Judgment Execution Department.

Step 4: The court opens a public meeting to resolve the request for recognition of consent for divorce.

Note: This meeting must be attended by the Procurator of the People’s Procuracy providing the Court to accept the settlement.

Step 5: The court issues a decision to recognize the consensual divorce.

Note: The decision to recognize the consent of the divorce takes legal effect immediately.

Dossier of request for recognition of consensus divorce includes

• Application for recognition of consensual divorce (according to the form of each Court);
• Marriage registration certificate (original);
• Household book (certified copy);
• ID card/passport (certified copy);
• Child’s birth certificate (certified copy – if applicable);
• Other documents and evidences evidencing common property.

Note:

Some Courts require that before submitting the application for recognition of consent to the divorce, they must go through the reconciliation procedure at the grassroots (commune/ward People’s Committee);

The dossier can be filed directly at the Court or sent by post.

The service provided by Hong Bang Law 

• Free consultation for customers on issues related to divorce procedures.
• Check and evaluate the legality of consulting requests and customer documents.
• Prepare the required customer profile.
• Representing clients to submit documents and carry out representation procedures outside of court;

We hope that our advice will help you answer your questions about the law on consent to divorce. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call our free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!