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2024 Divorce Procedure Consultation: The most detailed and comprehensive update on procedures and forms for consensual divorce

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 What is Divorce?
Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014: “Divorce is the termination of the marital relationship by a legally effective judgment or decision of the Court.”

 2024 Divorce Procedure Consultation: The most detailed and comprehensive update on procedures and forms for consensual divorce

Accordingly, divorce is the process of breaking and terminating a legally valid marriage between two individuals. The Court is the sole authority responsible for issuing a decision to terminate the marital relationship between husband and wife. The Court’s divorce decision is rendered in two forms: a judgment or a decision.
Types of Divorce in Vietnam
Mutual Consent Divorce: This occurs when both husband and wife jointly request termination of the marriage through a mutual consent divorce petition. Mutual consent divorce is based on the voluntary agreement of both parties. In addition, the parties must have reached agreement on property division, child custody and support (if any), and such agreements must not violate the law.
Unilateral Divorce: Unlike mutual consent divorce, unilateral divorce occurs when one spouse wishes to divorce but the other does not agree, or when both spouses wish to divorce but cannot reach agreement on child custody, child support after divorce, division of common property, or joint debts during the marriage.
What Documents Are Required for Mutual Consent Divorce?
The procedure for submitting a mutual consent divorce petition is very simple and convenient. Spouses may submit the dossier directly at the People’s Court at the district level where either spouse resides, or send it by post.
The mutual consent divorce dossier includes:

  • Application for recognition of mutual consent divorce (prescribed form)
  • Marriage registration certificate
  • Household registration books of husband and wife
  • Citizen identity cards / Citizen identification cards of husband and wife
  • Birth certificates of common children (if any)
  • Agreement on property division, child custody and support (if any)
  • Other relevant documents (if any)

What is a Full-Package Divorce Service?

2024 Divorce Procedure Consultation: The most detailed and comprehensive update on procedures and forms for consensual divorce

A full-package divorce service is a service package provided by law firms or legal professionals to comprehensively and conveniently support couples throughout the divorce process.
Why Choose a Full-Package Divorce Service?
Full-package divorce services are typically designed to reduce the legal burden and stress on the parties during the divorce process. They may include:
Legal consultation: Providing information and advice on legal procedures and regulations related to divorce.
Document preparation: Assisting in preparing and completing necessary documents to submit the divorce petition to the court or marriage registry authority.
Legal representation: Representing and protecting the legal rights and interests of the parties during the divorce process, participating in mediation sessions or court hearings.
Negotiation: Assisting in negotiating the resolution of issues such as property division and child custody in a peaceful and fair manner.
Post-divorce support: Providing support services after the divorce, such as amending legal documents and adjusting rights and obligations according to the court’s decision.
However, the cost and scope of these service packages may vary depending on the law firm or legal professional providing the service.
Does BKC Law Provide Fast Unilateral Divorce Services?
BKC Law is a law firm with extensive experience and expertise in handling fast unilateral divorce procedures in Ho Chi Minh City. Please contact our attorneys immediately for timely support at the most reasonable cost.
How is the Court Fee for Divorce Calculated?
For mutual consent divorce procedures, the first-instance court fee is prescribed as follows:

  • No valuation involved: VND 300,000;

In cases of unilateral divorce involving property division (divorce with valuation), the court fee is calculated as follows:

  • Disputed property valued up to VND 6,000,000: court fee of VND 300,000.
  • Disputed property valued from over VND 6,000,000 to VND 400,000,000: court fee equals 5% of the disputed property value.
  • Disputed property valued from VND 400,000,000 to VND 800,000,000: court fee equals VND 20,000,000 + 4% of the disputed property value exceeding VND 400,000,000.
  • Disputed property valued from VND 800,000,000 to VND 2,000,000,000: court fee equals VND 36,000,000 + 3% of the disputed property value exceeding VND 800,000,000.
  • Disputed property valued from over VND 2,000,000,000 to VND 4,000,000,000: court fee equals VND 72,000,000 + 2% of the disputed property value exceeding VND 2,000,000,000.
  • Disputed property valued over VND 4,000,000,000: court fee equals VND 112,000,000 + 0.1% of the disputed property value exceeding VND 4,000,000,000.

Cost of Full-Package Divorce Service at BKC Law
BKC Law provides full-package divorce services to clients at varying cost levels, depending on the complexity of the divorce dossier and the services provided. BKC Law is a professional law firm with a team of attorneys possessing many years of experience in divorce resolution. We always aim to deliver the best and fastest service to our valued clients.
For free consultation on marriage and family law at BKC Law, you may contact our attorneys via the following information:
Phone: 0901 3333 41
Office in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Office in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City
Email: info@bkclaw.vn

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