Instructions for writing the latest divorce appeal form

What is a divorce appeal? Why appeal? What is the divorce appeal procedure? How do I write a divorce appeal form? Together with DFC Lawyers consult with the case below to understand more details about this issue.

Instructions for writing the latest divorce appeal form

Q: Hello DFC lawyer I want to appeal the divorce, how to do, DFC Attorney?

Counsel: DFC Lawyers thank you for your trust and send questions to DFC Lawyers in your case DFC lawyers would like to give advice as follows:

Legal grounds:Civil Procedural Code 2015.

1. What is a divorce appeal?

An appeal of a divorce judgment (divorce appeal) means a case where a spouse appeals against a legally ineffective divorce judgment of a first-instance court, for the purpose of requesting the court of appeal to re-settle according to the appellate procedure of the first-instance judgment. Husbands and wives have the right to appeal all or part of the entire divorce judgment of the court of first instance.

In Article 273 of the Civil Procedures Law 2015, the time limit for appeal against the divorce judgment of the court of first instance is 15 days from the date of sentencing, if not present at the trial or not present when the court has a valid separation, the time limit for appeal is 15 days from the date the judgment is handed over (sent) to the spouses in a valid manner.

2. Steps to proceed with an appeal of the divorce judgment:

Step 1: Prepare the appeal dossier

The appeal dossier consists of an appeal and additional documents and evidence to prove that the spouse's appeal is well-grounded and legal.

Step 2: The spouse submits the appeal dossier at the competent court, the spouse filed at the court of first instance has issued the judgment or decision on first instance of the appeal spouse.

Where the appeal is sent directly to the court of appeal, the court of appeal must turn it down to the court of first instance to carry out the prescribed procedures.

Step 3: The Court conducts a review and resolution of the appeal

After receiving the appeal, the court of first instance conducts an examination of the validity of the appeal, if the appeal is overdue (beyond the prescribed time), the court of first instance requests the applicant to clearly state the reasons and present documents and evidence to prove that the reasons for submitting the overdue appeal are justified.

In case the appeal does not meet the provisions of law, the court of first instance requests the appealer to amend and supplement the appeal.

If the appeal is accepted, the court of first instance announces the payment of the appellate court fee advance, and notified the procuracy of the same level and the relevant litigant of the appeal along with the appeal and the evidence provided by the appth party. next, the court of first instance transfers the entire case to the Court of Appeal.

Step 4: The appellate court handles the case for consideration and resolution.

Immediately after receiving the case appeal dossiers and accompanying documents and evidences, the court of appeal must proceed to the accepted book.

Within 03 working days from the date of entering the case book. The courts give written notices to the litigant, individuals, agencies, organizations initiating lawsuits and the procuracies of the same level that the courts have handled the cases.

The chief judges of the appellate courts shall have to establish appellate trial panels to appoint a judge to preside over such appellate court sessions.

The preparation period for the trial is 2 months, if there are complicated details can be extended by 1 month. Judges assigned by the chief judges to settle cases conduct research and collect evidences and documents for the resolution of the cases.

Past the time limit for preparation for trial, if there are grounds to bring the case to trial, the judge may decide to bring the case to trial, within the next 01 month, the appellate trial must be opened, the case of delay must not exceed 2 months.

3. Divorce appeal form

The latest divorce appeal form is currently issued together with Resolution No. 01/2017/NQ-NDP of the Judges' Council of the Supreme People's Court:

**Instructions for filling out the appeal form:

(1) Name the court that heard the first instance of the case. If it is a district-level People's Court, it is necessary to specify which district People's Court, province or centrally-ed city (e.g. People's Court of District A, BN Province, it is necessary to specify the exact address of the Court (if the appeal is mailed).

(2) If the appealer is an individual, the name of the individual must be written; if the appealer authorizes another person, the full full name of the representative authorized by the appealer or the appealer authorizes the appeal.

(3) If the appealer is an individual, the address of the residence (e.g. Address: residence in Village A, Commune B, District C, Province H).

(4) Record the status of participation in the proceedings of the applicant (e.g. as the plaintiff (defendant) in the divorce case; as the authorized representative of the plaintiff Nguyen Thi M residing at house No. 01 T Street, District H, HN City by authorization date... Month... Year... set up at the noted public office...... days, months, years.

(5) Specifically record the appeal of the first-instance judgment or decision or part of the first-instance judgment or decision which has not yet come into force (e.g. appealing the entire civil judgment of first instance No. 01/2017/DS-ST on 15-01-2017 of the People's Court of District H).

(6) State the specific reasons for the appeal.

(7) Specify each issue that the appealer requests the Court of Appeal to resolve.

(8) In case of additional documents and evidence, the names of additional documents and evidences attached to the appeal must be fully written to prove that their appeals are well-grounded and legal (e.g. documents attached to the application include: 1) Copies of land use right certificates; 2) Self-declaration...).

(9) If the appealer is an individual, he/she must sign and clearly state the name of such appealer; if they are agencies or organizations appealing, the representatives under the law of the agencies or organizations appealing to sign, clearly state their names and their functions and stamps of such agencies or organizations, in case the enterprises appeal, the use of seals of enterprises.

The above is the content of DFC's consultation on the divorce appeal and the divorce appeal form for you, if you have questions or questions you can call the Free Legal Call Center 19006512 for free answers. Sincerely!!!