9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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Fast-track divorce is the termination of the marital relationship pursuant to a legally effective judgment or decision of the Court, resolved in the most expedited manner possible. In daily life, married couples often encounter conflicts during cohabitation. In some cases, the parties may reconcile amicably on their own; however, prolonged conflicts can render the marriage seriously deteriorated, and in certain instances, frequent arguments and physical altercations make continued cohabitation impossible, ultimately leading to the decision to divorce.
In this article, we will explore the procedure for fast-track divorce resolution in Ho Chi Minh City, the benefits of using fast-track divorce services, as well as the limitations and important considerations that couples should be aware of.
1. Time and Effort Savings: Ordinary divorce proceedings can last from several months to several years, depending on the complexity of the issues. However, with fast-track divorce services, procedural steps are significantly streamlined and accelerated, helping both parties save considerable time and effort.
2. Professionalism and Expertise: Another major benefit of fast-track divorce services is the high level of professionalism and extensive experience of our lawyers and legal experts in family law and mediation, assisting couples in resolving fast-track divorce cases in Ho Chi Minh City. We not only help you clearly understand the legal process but also support the peaceful and fair resolution of disputes.
3. Respect and Confidentiality: Fast-track divorce services commit to ensuring respect for the parties involved and strict confidentiality of personal information. This creates a safe and trustworthy environment for all participants in the divorce process.
Pursuant to Article 51 of the Law on Marriage and Family 2014, persons entitled to request divorce resolution are:
– The wife, the husband, or both spouses jointly have the right to request the Court to resolve the divorce.
– Parents or other close relatives have the right to request the Court to resolve the divorce when one spouse suffers from a mental illness or other disease that prevents them from perceiving or controlling their actions, and is a victim of domestic violence caused by their spouse, seriously affecting their life, health, or mental well-being.
– The husband has no right to request divorce when the wife is pregnant, giving birth, or nursing a child under 12 months of age.
Thus, the persons entitled to request divorce are the spouses or the third parties mentioned above. However, if the wife is pregnant, giving birth, or nursing a child under 12 months of age, the husband is not permitted to request divorce
Mutual consent divorce occurs when both spouses jointly request divorce and have mutually agreed on property division, child custody, care, upbringing, and education, while ensuring the legitimate rights and interests of the wife and children.
Step 1: Filing the Dossier
Both spouses sign the mutual consent divorce petition form and submit it to the district-level People’s Court at the place of residence of either spouse as mutually agreed, either directly or by post.
Step 2: Assignment of Judge
After receiving a complete dossier, within 03 days, the Chief Justice of the Court assigns a Judge to handle the case.
Step 3: Payment of Court Fees
If the dossier meets the requirements, the Judge issues a notice requiring payment of court fees, which must be completed by both spouses within 05 days.
Within 03 days from the date of acceptance, the parties will be notified of the handling of the request for recognition of mutual consent divorce.
Step 4: Preparation for Examination
The Court prepares to examine the petition and holds a public hearing to resolve the request for recognition of mutual consent divorce.
The preparation period for examination is 01 month from the date of acceptance. During this period, the Court must conduct mediation in accordance with Article 207 of the Civil Procedure Code 2015
Step 5: Issuance of Decision Recognizing Mutual Consent Divorce
If mediation is successful and the spouses reconcile, the Court will issue a decision to suspend resolution of the divorce request.
If mediation fails and the spouses still wish to divorce, the Court issues a decision recognizing the mutual consent divorce. The marital relationship terminates from the date the decision recognizing mutual consent divorce takes legal effect.
The dossier for fast-track mutual consent divorce includes:
Petition for recognition of mutual consent divorce (prescribed form)
Marriage certificate
Household registration books of both spouses
Citizen identity cards / ID cards of both spouses
Birth certificates of common children (if any)
Agreement on property division and child custody (if any)
Other relevant documents (if any
Unlike mutual consent divorce, unilateral divorce is when one spouse wishes to divorce but the other does not agree, or both wish to divorce but cannot reach agreement on child custody, child support after divorce, division of common property, and common debts incurred during the marriage.
5 steps to carry out the procedure unilateral divorce
Step 1: Preparation of unilateral divorce dossier
Step 2: Submission of unilateral divorce petition to the competent Court
Step 3: Acceptance of the unilateral divorce petition
Step 4: The Court conducts mediation
Step 5: Payment of unilateral divorce court fees at the Civil Judgment Enforcement Sub-Department
See also:
Full-package unilateral divorce attorney service
How is property divided in unilateral divorce?
Ordinary divorce proceedings can last from several months to several years depending on the complexity of the case. However, with fast-track divorce services, procedural steps are abbreviated and expedited, helping both parties save time and effort.
Step 1. Submission of divorce dossier to the competent Court
Step 2. Notice to pay advance court fee
Step 3. Notice of case acceptance
Step 4. Examination of the petition and case resolution: The Court issues a notice for the session to check evidence submission, access, disclosure, and conducts mediation. Normally, the Court will hold at least 2 mediation sessions before bringing the case to trial.
If mediation is successful, the Court prepares a record of successful mediation. After 7 days from the date of the record if no party objects, the Court issues a decision recognizing the parties’ agreement.
If mediation fails, the Court prepares a record of failed mediation and issues a decision to bring the case to trial.
Note: In cases where the child is 7 years of age or older, the Court must obtain the child’s opinion regarding living with the father or the mother upon divorce.
Step 5. First-instance trial: After issuing the decision to bring the case to trial, the parties receive summons from the Court with clear information on the time and place of the trial. The time limit for bringing the case to trial after the decision is 01 month. If the defendant fails to appear after the second summons, the Court may conduct the trial in absentia.
Pursuant to Article 127 Law on Marriage and Family 2014, the following cases involve foreign elements in divorce.
Where a Vietnamese citizen is not ordinarily resident in Vietnam at the time of requesting divorce, the divorce shall be resolved according to the law of the country of their common ordinary residence; if they have no common ordinary residence, it shall be resolved according to Vietnamese law.
The resolution of immovable property located abroad upon divorce shall comply with the law of the country where such property is located.
To have the divorce resolved, the petitioner must prepare and submit the divorce dossier to the Court. The dossier for divorce involving foreign elements includes:
In cases where one spouse has left Vietnam and their address abroad cannot be determined, a certificate confirming departure issued by the local authority is required.
See also: Full-package consultation service for divorce involving foreign elements
Fast-track divorce services also have certain limitations and precautions that couples should take note of. Fast-track divorce services may not be suitable for cases involving complex property division or disputes over child custody. In such cases, divorce proceedings require more complicated formalities and additional time to ensure that both parties are treated fairly.
In summary, fast-track divorce services are becoming an increasingly popular choice for couples in Ho Chi Minh City who wish to end their marriage quickly and with minimal complications. Although the process is generally faster, less stressful, and more cost-effective than traditional divorce procedures, couples should be mindful of the limitations and carefully consider whether to use fast-track divorce services. Ultimately, the decision to use such services should be made cautiously and with guidance from qualified legal professionals.
The first-instance court fee is 300,000 VND if there is no dispute over property. If there is a property dispute, the court fee depends on the value of the property. In cases involving disputes over division of common marital property, the parties must pay court fees on the disputed portion as in civil cases with quantified value corresponding to the value of the divided property. And in unilateral divorce cases, the petitioner must advance 50% of the court fee corresponding to the value of the property claimed for division.
The husband has no right to request divorce when the wife is pregnant, giving birth, or nursing a child under 12 months of age.
From the date the Court decides to accept the case, the average trial period for a divorce case lasts from 4-6 months. The time limit for opening the trial session is usually 1-2 months from the date of the decision to bring the case to trial.
According to Vietnamese law, jurisdiction over divorce is determined as follows:
BKC Law provides full-package divorce services to clients with varying fee 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 having many years of experience in divorce resolution. We always aim to deliver the best and fastest services to our valued clients.
For free consultation on marriage and family law at BKC Law and support for fast-track divorce services, you can contact our attorneys via the following information:
Phone : 0901 3333 41
Email: info@bkclaw.vn
Facebook: https://www.facebook.com/luattrunghieubkc
Linked In: https://www.linkedin.com/company/bkc-international-law-firm/
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
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41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
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