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Handwritten Divorce Petition can serve as a legal document used when one or both spouses wish to terminate their marriage. Under the updated regulations in 2024, a divorce petition must comply with specific requirements regarding content and form to ensure its legal validity and to protect the rights of the parties involved, particularly minor children (if any). The petition typically includes information about both spouses, the grounds for divorce, agreements on child custody, common property, and financial obligations after divorce. Understanding how to draft the petition correctly in accordance with the regulations will help expedite and facilitate the divorce resolution process.
– Unilateral divorce: Unilateral divorce occurs when one spouse wishes to divorce while the other does not consent, or when both spouses wish to divorce but cannot reach agreement on child custody, child support after divorce, division of common property, and common debts during the marriage.
– Mutual-consent divorce: This is the case where both husband and wife jointly request termination of the marital relationship through a mutual-consent divorce petition. Mutual-consent divorce is based on the voluntary agreement of the parties. In addition, the parties have reached agreement on property division, child custody (if any), and such agreements do not violate the law.
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The division of property generally follows the fundamental principles of the law:
Principle of equal division: Pursuant to Clause 2, Article 59 of the Marriage and Family Law 2014, common property of husband and wife is divided equally but taking into account the following factors:
“a) Family circumstances and circumstances of the husband and wife;
b) Contributions of the husband and wife to the creation, maintenance, and development of the common property. The labor of the husband and wife in the family is considered labor with income;
c) Protection of the legitimate interests of each party in production, business, and occupation to enable the parties to continue working and earning income;
d) Fault of each party in violating the rights and obligations of husband and wife.”
The principle of equal division of property upon divorce can be simply understood as each party being entitled to half (½) of the value of property acquired during the marriage. Common property is generally divided fairly and justly between the parties. This does not necessarily mean an equal 50/50 division in value but may be flexible based on actual circumstances, such as the financial needs of each party and their contributions to asset accumulation. In other words, the division is not always strictly 50/50 in value but can be adjusted according to the specific situation.
Principle of division of common property in kind: Under this principle, the law prioritizes division of assets in kind first; if division in kind is not possible, the assets are valued in money for division, and the party receiving the asset in kind is responsible for paying the difference to the other party.
Principle that separate property belongs to its owner: Separate property is property owned by each party before marriage or received during marriage by way of gift, inheritance, or other personal rights. In cases where separate and common property are mixed or merged during the marriage, upon division of property in divorce, the party not receiving the property is entitled to compensation from the other party for the value they contributed to the creation of that property block.
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The procedure for submitting a mutual-consent divorce petition is very simple and convenient. Spouses may submit the dossier directly at the district-level People’s Court where either spouse resides, or send it by post.
The mutual-consent divorce dossier includes:
– Application for recognition of mutual-consent divorce (using the prescribed form)
– Marriage certificate
– Household registration books of husband and wife
– Citizen identity cards / citizen identity cards of husband and wife
– Birth certificates of common children (if any)
– Agreement on property division and child custody (if any)
– Other relevant documents (if any)
– Unilateral divorce petition using the prescribed form;
– Original marriage certificate;
– Notarized copies of household registration books / citizen identity cards of husband and wife;
– Notarized copies of birth certificates of children;
– Other documents and evidence proving common property such as Land Use Right Certificate, vehicle registration certificate, savings book (notarized copies).
The procedure for filing a unilateral divorce petition proceeds as follows:
**Step 1:** Prepare the unilateral divorce dossier;
**Step 2:** Submit the unilateral divorce petition to the competent People’s Court;
**Step 3:** Within 5 days from receipt of the unilateral divorce petition, the Court will accept and process the petition;
**Step 4:** The Court conducts mediation;
**Step 5:** Pay the court fee advance for unilateral divorce at the Civil Judgment Enforcement Sub-Department.
The unilateral divorce dossier shall be submitted to the district-level People’s Court at the place of residence of the defendant. Specifically, if the petitioner is the wife, the competent court will be the district-level People’s Court at the place where the husband is registered as permanently resident. In cases involving foreign elements, the provincial-level People’s Court has jurisdiction.
The obligation to pay the advance court fee for first-instance civil cases in marriage and family matters is determined as follows:
In cases where either spouse requests unilateral divorce, the requesting party must pay an advance court fee of 300,000 VND;
In cases where both spouses jointly request mutual-consent divorce, each party must pay an advance court fee of 150,000 VND.
From the date the Court decides to accept the case, the average trial period for a divorce case ranges from 4 to 6 months. The time limit for opening the trial session is generally 1 to 2 months from the date of the decision to bring the case to trial.
The court is the sole authority to decide which party will directly raise the child, but the decision must be based on the best interests of the child in all aspects. The court usually considers the following factors:
Spiritual factors: This affects the child’s future cognitive and social development. Therefore, careful consideration must be given to the character and morality of the parents to ensure proper upbringing of the child. Regular care, attention, and education by the parents are also factors contributing to the child’s healthy mental development.
Material factors: Considered based on the financial capacity of the husband and wife. This means the income source must ensure a full life for the child in all aspects, covering living conditions, education, healthcare, recreation, entertainment…, and providing the best environment for the child’s development and social interaction.
Stable residence: The spouse seeking custody must prove a stable place of residence, such as documents proving land use rights and residential ownership or rental/loan-for-use agreements.
BKC Law provides comprehensive divorce services to clients at varying fee levels, depending on the complexity of the divorce dossier and the services provided. As a professional law firm with a team of lawyers having many years of experience in divorce resolution, BKC Law always aims to deliver the best, fastest services to our valued clients.
To receive free consultation on marriage and family law at BKC Law and support for fast divorce services, please contact our lawyers using the following information:
Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City
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info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41