In the case where husband and wife jointly request a divorce, if it is deemed that the two parties really voluntarily divorce and have agreed on the division of property, the care, rearing, care and education of the children on the basis of ensuring 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 divorce by mutual consent, Hong Bang Law Firm would like to introduce to clients about the divorce consultation service. We guarantee that 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 divorce by mutual consent:

• Both parties want to divorce voluntarily.
• 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.

Divorce procedure:

Step 1: Apply for recognition of divorce by mutual consent 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 Department of Civil Judgment Execution of the province.

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 consent of the divorce.

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

The dossier

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

Note:

• Some courts require that before submitting the application for recognition of consent to a divorce, they must go through the conciliation procedure at the grassroots (commune/ward People’s Committee);
• Dossier can be filed directly at the Court or sent by post.

Our service

• Free consultation for clients on issues related to divorce procedures.
• Check and evaluate the legality of consulting requests and client documents.
• Prepare documents required by clients
• Representing clients to submit documents and carry out representative procedures outside of legal proceedings

We hope that our advice will help you to answer your questions about the law on divorce by mutual consent.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll 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!