What is a mutual consent divorce?
According to Article 55 of the Law on Marriage and Family 2014:
In the case where a husband and wife jointly request a divorce, if it is determined that the two parties truly voluntary divorce and have agreed on the division of property as well as child rearing on the basis of protecting the legitimate interests of the wife and children, then the Court recognizes the that mutual consent divorce;
In the case that no agreement is reached or there is an agreement but the legitimate interests of the wife and children are not protected, the Court shall settle the divorce.
So, if the husband and wife mutually agree to divorce, as well as reach an agreement on the issues of children, common property and common debt, in addition, without any dispute, they can proceed for a mutual consent divorce to a competent Court.
Dossier to request for divorce by mutual consent
Pursuant to The Civil Procedure Code 2015, dossier filed at competent Court includes the following documents:
An application request for divorce by mutual consent made according the prescribed form;
Original of marriage certificate;
A notarized copy of both spouse ‘s Identity card and residence book;
A notarized copy of the birth certificate of the spouse ‘s children;
Other related papers such as the ownership or use right certificate of property, land, … (if any).
Procedures for a mutual consent divorce
After you have prepared all the above documents, you can go to the competent court to file a request for the court to settle the divorce. If the file is eligible, the judge will send you a notice about paying the court fee advance. You have five days to comply with this notice's requirements by paying the court fee advance at the appropriate civil judgment enforcement agency, and you must send the court the payment receipt.
To resolve the request for recognition of the consent to the divorce, on that basis, the Court will convene a public trial and conduct mediation. The couple will keep living together if the reconciliation is successful. If the mediation fails, the court will issue a ruling recognizing the divorce's consent.
Above are the legal provisions on legal documents and procedures for mutual consent divorce. At the same time, LHLegal Law Firm - a team of good and reputable Lawyers in Ho Chi Minh City. Ho Chi Minh City, which specializes in consulting on marriage and family issues, hopes to have answered your difficulties.
How to contact good divorce Lawyer service in Ho Chi Minh City
Owning a team of lawyers, professional and skilled employees, LHLegal Law Firm is confident to thoroughly solve client's needs for consultation service for a mutual consent divorce procedure.
You'll be able to resolve the problem more swiftly if you have legal counsel on your side.
Additionally, we will help you ensure the best interests and avoid unnecessary disputes that affect your life.
If you need a consultation service for a mutual consent divorce procedure in Ho Chi Minh City, please call the hotline at 1900 2929 01 and press no.2. You can meet a lawyer there for guidance.
If you need to schedule a meeting with a lawyer at the office, please press no.7.
LHLegal Law Firm offers legal advice services via the hotline, and we also receive guidance on marriage and family cases and consultation service for divorce procedures via email at Hoa.Le@luatsulh.com. Clients also can directly make service requests and appointment bookings at:
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