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 unilateral divorce refers to one spouse requesting termination of the marriage without the consent of the other, often reflecting serious conflicts in the marital relationship. While it facilitates swift resolution of disputes, it may also lead to significant consequences, such as negative impacts on children and intensified conflicts over property division and child custody rights. This issue raises questions about how legal and social systems can support the parties in a fair and effective manner, ensuring equitable resolution of disputes and protection of the legitimate rights and interests of all involved parties.
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 rendering them incapable of perceiving or controlling their actions, and is a victim of domestic violence inflicted by their spouse, seriously affecting their life, health, or mental well-being.
– The husband has no right to request divorce while 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.
Dossier for unilateral divorce:
However, you may refer to reputable law offices for support with fast-track divorce services and full-package divorce services. Engaging professional legal assistance from experts will help you resolve your unilateral divorce process swiftly and efficiently.
Step 1: Submit the lawsuit dossier to the competent Court.
The unilateral divorce petition must include a request for property division. When preparing the dossier, additional documents and evidence proving common marital property should be included, such as Land Use Rights Certificate (red book), vehicle registration certificates, savings books, etc.
Step 2: Receive the result of petition processing.
Step 3: Pay the advance first-instance civil court fee at the competent civil judgment enforcement agency and submit the advance court fee receipt to the Court.
Step 4: The Court summons the parties to take statements, conducts mediation, and carries out procedures in accordance with civil procedure law.
Step 5: If the Court does not accept the divorce request, the petitioner has the right to appeal for appellate review by the higher-level Court in accordance with the law.
– At first instance: Pursuant to Article 203 of the Civil Procedure Code 2015, the trial preparation period is regulated as follows:
“1. The trial preparation period for various types of cases, except cases resolved under summary procedures or cases involving foreign elements, is prescribed as follows:
a) For cases stipulated in Articles 26 and 28 of this Code, the period is 04 months from the date of case acceptance;
b) For cases stipulated in Articles 30 and 32 of this Code, the period is 02 months from the date of case acceptance.
For cases of a complex nature or due to force majeure events or objective obstacles, the Chief Justice of the Court may decide to extend the trial preparation period, but not exceeding 02 months for cases under point a of this clause and not exceeding 01 month for cases under point b of this clause.
Where a decision is issued to temporarily suspend resolution of the case, the trial preparation period shall be recalculated from the effective date of the Court’s decision to resume resolution of the case.
4. Within 01 month from the date of the decision to bring the case to trial, the Court must open the trial session; in cases with justifiable reasons, this period is 02 months.
– At appellate instance: The maximum time limit for resolving an appeal in a divorce case is 5 months from the date the Court accepts the case.
Pursuant to Article 286 of the Civil Procedure Code 2015: From the date of case acceptance, the appellate trial preparation phase lasts a maximum of 2 months. If there are additional complex circumstances, this period may be extended by 1 month.
In unilateral divorce cases, property division generally follows the fundamental principles of law:
Principle of equal division: Pursuant to Clause 2, Article 59 of the Law on Marriage and Family 2014, common marital property is divided equally but takes into account the following factors:
“a) Family circumstances and circumstances of each spouse;
b) Contributions of each spouse to the creation, maintenance, and development of the common property. Domestic labor of spouses is considered labor generating income;
c) Protection of the legitimate interests of each party in production, business, and occupation to enable continued income-generating labor;
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 receiving half (½) of the value of assets acquired during the marriage. Common property is generally divided fairly and equitably between the parties. This does not necessarily mean a strict 50/50 split in value but may be adjusted flexibly based on actual circumstances, such as each party’s financial needs and contributions to asset accumulation.
Principle of division in kind: Under this principle of property division upon divorce, the law prioritizes dividing assets in kind where possible. If division in kind is not feasible, the assets shall be valued in monetary terms for division, with the party receiving the asset bearing the obligation to pay the other party the difference in value.
Principle that separate property belongs to its owner: Separate property is property owned by each spouse before marriage or received during marriage by way of gift, inheritance, or other personal entitlements. In cases where separate property is merged or mixed with common property during division upon divorce, the non-receiving party shall be compensated by the other party for the value of their contribution to the creation of that property block.
Division by mutual agreement
The law prioritizes resolving the division of common marital property based on agreement between the parties. In fast-track divorce cases, spouses have the right to mutually agree on property division, and such agreements will be recognized and recorded in the Court’s judgment. The law does not impose specific requirements regarding the form of the common property division agreement in divorce cases.
Legal basis: Articles 28 and 38 of the Law on Marriage and Family 2014.
Division by the Court
If the spouses cannot reach agreement on division of common property and request the Court to resolve the matter upon divorce, the common marital property shall be divided in accordance with the law. Accordingly, common marital property is, in principle, divided equally but takes into account the factors specified in Article 59 of the Law on Marriage and Family 2014 to determine the proportion of property each spouse receives.
The Court is the sole authority to decide which party shall directly raise the child, but the decision must be based on the best interests of the child in all aspects and typically considers the following factors:
Mental and emotional factors: These significantly affect the child’s future cognitive and social development. Therefore, careful consideration must be given to the moral character and ethics of each parent to ensure better upbringing for the child. Consistent care, attention, and education by the parent are also key factors in supporting the child’s emotional and psychological development.
Material factors: These are assessed based on each spouse’s financial capacity. This means the income source must ensure a full and adequate life for the child in all aspects, including providing the best living conditions such as food, accommodation, education, healthcare, recreation, and entertainment. The parent must also guide the child’s social interactions and learning in a selective manner to ensure development in a healthy environment.
Stable place of residence: A spouse seeking custody must prove they can provide a stable living environment, such as documents evidencing land use rights and house ownership or lease agreements.
During the resolution of child custody disputes, the Court will focus on ensuring the child’s best interests. It will determine which parent is most capable of fully caring for, nurturing, educating, and raising the child while providing the best living environment for the child’s comprehensive development in both material and emotional aspects.
After divorce, one spouse will directly raise the child, while the non-custodial spouse remains obligated to provide child support pursuant to Clause 2, Article 82 of the Law on Marriage and Family 2014 as follows: “Parents who do not directly raise the child have the obligation to support the child.”
The persons entitled to support are also stipulated in Article 110 of the Law on Marriage and Family 2014 as follows: “Parents have the obligation to support their minor children, or adult children who are incapable of working and have no property to support themselves, in cases where they do not live together with the child or live together but violate the obligation to raise the child.”
There is currently no specific regulation prescribing the exact amount of child support; therefore, the parties may agree on the amount. If no agreement is reached, the Court shall decide pursuant to Article 116 of the Law on Marriage and Family 2014 as follows: “The level of support shall be agreed upon by the person obligated to provide support and the person entitled to receive support or the guardian of such person, based on the income and actual capacity of the person obligated to provide support and the essential needs of the person entitled to receive support; if no agreement is reached, the Court shall decide.”
When determining the level of support, the Court shall base its decision on the regular actual income of the obligated person. At the same time, the Court must also consider the essential needs of the recipient based on the living standards at the place of residence of the recipient. Living standards include ordinary expenses such as daily food costs, accommodation (whether owned or rented), clothing, education expenses for the child, medical expenses, and other costs necessary to ensure the recipient’s livelihood.
At BKC Law, we specialize in providing support services for unilateral divorce resolution with a commitment to speed and efficiency. We understand that the divorce process can be stressful and complex; therefore, our experienced team of lawyers will accompany clients every step of the way to ensure your rights and interests are optimally protected.
BKC Law will assist in preparing complete and accurate dossiers, drafting necessary legal documents, and representing clients in court hearings. Our working process is optimized to shorten handling time while ensuring all legal aspects of the case are addressed in detail and with dedication.
By choosing BKC Law’s services, clients will receive support from a professional and dedicated team of lawyers throughout every stage of the divorce process, helping to minimize stress and achieve a final decision as quickly as possible.
If you need consultation on fast-track unilateral divorce, please contact BKC Law immediately for detailed answers to your questions. You may reach our lawyers via the following information:
Phone: 0901 3333 41
Email: info@bkclaw.vn
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