How long does it take to settle a favorable divorce?

Luật Sư: Lê Minh Công

15:59 - 17/11/2020

Currently, civil procedure law does not specify how much it takes to resolve a consy favourable divorce case. However, each procedure to resolve the divorce is favorable, it can be estimated time.

The following, marriage law call center 1900.6512 will send you the following article to clarify the contents of how long the favorable divorce settlement takes as follows:

How long does it take to settle a favorable divorce

1. How long does it take to settle a favorable divorce

Legal grounds

Civil Procedural Code 2015 of the National Assembly of the Socialist Republic of Vietnam.

Law on Marriage and Family 2014 of the National Assembly of the Socialist Republic of Vietnam.

Contents of consultation

According to Article 55 of the Law on Marriage and Family 2014, consent for divorce is one of two forms of divorce prescribed and recognized by law today. Accordingly, the consent of divorce is a procedure of the marriage law, in order to end the legal relations of the spouses, the consent to divorce comes from the will of both spouses.

Consent to divorce to ask the Court to settle the divorce should ensure the following contents:

- The two parties really voluntarily want a divorce;

- The two parties have agreed on the division of property, care and nurture; care and education of children on the basis of ensuring the rights of children and mothers.

On the issue of how long the divorce proceedings will take, in accordance with the Civil Procedure Code 2015, the procedures for proceeding with the request for recognition of the divorce agreement include:

- Within 03 working days after receiving the dossier of request for recognition of divorce in accordance with the provisions of law, the president of the competent People's Court will assigned 01 Judge to handle the petition for recognition of divorce consent;

- If the Judges request amendments and supplements to the dossiers, the requesting parties should amend and supplement them upon request within 07 working days after receiving the request for amendments to the judges' dossiers. Where, after amending or supplementing, if it is considered that they are eligible to handle this civil case, the judge may notify the requester and the requester of the requester to perform the obligation to pay the civil case settlement request fee in accordance with law;

- Within 05 working days after receiving the court fee payment notice, the requester should perform this obligation, unless the requester is exempted or does not have to pay the fee in accordance with law. And the Court only handles the petition when the petitioner settles the civil case to submit the receipt of the fee collection to the People's Court;

- Within 03 working days after the date of receiving the petition for settlement of the divorce consent recognition, the court is obliged to notify in writing to the litigant to the court for settlement and notify the People's Procuracy of the same level that the court has accepted the petition for settlement to recognize the divorce consent.

Thus, the divorce agreement takes a period of 10-15 days for the Court to resolve the recognition of the divorce.

The above is the entire contents of advice on how long it takes for the marriage and family law 1900.6512 to advise on the content of the issue of favorable divorce. If you have any questions or questions related to the content of the consultation, please contact the Call Center to get the most accurate and complete answer. Sincerely!

Luật Sư: Lê Minh Công

Luật Sư: Lê Minh Công

Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.

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