9th Floor Diamond Plaza Building, 34 Le Duan, Sai Gon Ward, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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Divorce is a complex process that often causes significant stress for the parties involved. Fast divorce services provided by legal professionals have been helping the divorce process proceed smoothly and reduce legal burdens. In addition, thanks to recent regulations, the divorce resolution process has become faster and more efficient.
According to Article 51 of the 2014 Law on Marriage and Family, the individuals authorized to request the settlement of a divorce are:
– The husband, the wife, or both have the right to request the Court to resolve the divorce.
– The father, mother, or other relatives may request the Court to resolve the divorce when one spouse suffers from a mental illness or another condition that prevents them from perceiving or controlling their behavior, and they are also victims of domestic violence caused by their spouse, seriously affecting their life, health, or spirit.
– The husband is not allowed to request a divorce if the wife is pregnant, giving birth, or raising a child under 12 months old.
Thus, the individuals who have the right to request a divorce include the husband, wife, or certain third parties as specified above. However, if the wife is pregnant, giving birth, or raising a child under 12 months old, the husband is not permitted to request a divorce.
Step 1: Submit the application
Both spouses sign the mutual consent divorce petition and submit it to the district-level People’s Court where either spouse resides, either directly or via postal service.
Step 2: Assignment of a Judge
Within 03 days of receiving a complete dossier, the Chief Justice of the Court will assign a Judge to handle the case.
Step 3: Pay Court Fees
If the dossier is valid, the Judge will issue a court fee payment notice, and both spouses must pay within 05 days.
Within 03 days from the acceptance of the case, the parties will be notified of the processing of the request for recognition of mutual consent divorce.
Step 4: Preparing for the petition review
The Court prepares to review the petition and holds a public meeting to resolve the request for mutual consent divorce.
The preparation period is 01 month from the date of acceptance. During this time, the Court must conduct mediation under Article 207 of the 2015 Civil Procedure Code.
Step 5: Issuing the Decision Recognizing Mutual Consent Divorce
If mediation is successful and the spouses reunite, the Court will issue a decision to suspend the settlement of the divorce request.
If mediation fails and both spouses still want a divorce, the Court issues a decision recognizing the mutual consent divorce. The marital relationship terminates when this decision becomes legally effective.
Mutual consent divorce request form (as prescribed)
Marriage registration certificate
Household registration books of both spouses
ID card/ Citizen ID card of both spouses
Birth certificates of children (if any)
Agreement on property division and child custody (if any)
Other related documents (if any)
Step 1: Prepare unilateral divorce documents
Step 2: Submit the unilateral divorce application to the competent Court
Step 3: Acceptance of the unilateral divorce petition
Step 4: Mediation by the Court
Step 5: Pay the unilateral divorce court fees at the Civil Judgment Enforcement Department
To have the Court resolve a unilateral divorce, the applicant must prepare the required documents, including:
Unilateral divorce petition (as prescribed)
Original marriage registration certificate (or certified copy)
Certified copies of ID cards/Citizen ID cards of both spouses
Certified copies of children’s birth certificates (if applicable)
Documents proving common property such as land use right certificates, vehicle registration, savings books (certified copies)
According to Vietnamese law, divorce jurisdiction is determined as follows:
Thus, when a foreign element is involved, jurisdiction belongs to the provincial-level Court for consistency in handling.
Related articles:
Settlement of divorce disputes in Ho Chi Minh City
Unilateral divorce documents are submitted to the district-level People’s Court where the respondent is registered. Specifically, if the wife files the unilateral divorce, the competent Court is the district-level Court where the husband is registered for permanent residence. If the marriage involves a foreign element, the provincial-level Court will have jurisdiction.
The obligation to pay advance court fees in marriage and family cases is determined as follows:
If one spouse requests a unilateral divorce, the requesting party must pay a 300,000 VND advance civil court fee.
If both spouses jointly request a mutual consent divorce, each must pay a 150,000 VND advance civil court fee.
From the date the Court accepts the case, the average trial period for a divorce ranges from 4–6 months. The trial opening period usually takes 1–2 months after the decision to proceed to trial is issued.
The Court is the only authority to decide custody and will consider the child’s best interests based on:
Mental (emotional) factors: including the moral character, ethics, and caregiving capability of each parent.
Material factors: including financial capacity and living conditions such as education, healthcare, housing, and extracurricular activities.
Stable accommodation: the parent seeking custody must prove stable housing with supporting documents such as land use certificates, homeownership documents, rental agreements, or permissions to reside.
BKC Law provides comprehensive divorce services with various fee levels depending on the complexity of the dossier and the services required. As a professional law firm with many years of experience in divorce resolution, BKC Law is committed to providing fast and efficient services to clients.
For free consultation on marriage and family law and support for fast divorce services, you may contact our lawyers using the following information:
Phone: 0901 3333 41
Email: info@bkclaw.vn
Office – District 1: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Office – Bình Tân: 41 Tên Lửa, Bình Tân, Ho Chi Minh City
Related Articles:
Unilateral divorce property division
Lawyer consultation on divorce procedures in Bình Tân District
Consultation on 2024 divorce procedures: Complete and updated mutual consent divorce forms and procedures.
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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