Our DFC attorney would like to share an article about the divorce proceedings in 2021 so that readers can understand and understand the order of divorce proceedings in 2021 is different from previous years.
What's new in divorce proceedings in 2021?
Legal grounds
Civil Litigation Code 2015
Contents of consultation
According to statistics on the Publication of judgments with recorded number of cases, divorce-related cases that the Court has settled are now the largest compared to areas such as civil and criminal. This shows the fact that divorce is an undesirable event but still takes place in a very common way.
1. Divorce proceedings 2021
According to Article 51 of the Law on Marriage and Family 2014, the following individuals have the right to request the Court to settle the divorce:
Spouse or both request
A parent or other relative has the right to request the Court to settle a divorce if a spouse suffers from mental illness resulting in in failure to master his/her perceptions and behaviors or is a victim of domestic violence caused by one party that is life-threatening, , the spirit of the other party
Thus, if the parties have the right to request the Court to settle the divorce, the Court will receive and settle according to the procedures of the Civil Procedure Code 2015, accordingly, the divorce proceedings are as follows:
Step 1: Write a petition
The petition must be in the form and contents prescribed in Clause 4, Article 189 of the Civil Procedure Code 2015 if it is a case of conscity with divorce. If the divorce is unilateral, the petition for the Court to settle will follow the form issued in accordance with Resolution No. 01/2017/NQ - BoD.
Step 2: File for divorce
The divorce petition will be accompanied by a marriage registration certificate, a copy of the citizen's identity card, a certified copy of the couple's household registration, all dossiers will be submitted to the People's Court of the district/district where the defendant resides if the case is unilaterally divorced and if it is agreed, it will be submitted to the People's Court of both parties of residence.
Step 3: Settle in Court
Within 3 days of receiving the valid dossier, the Chief Judge of the Court assigned a judge to consider the application and within 5 days the Judge must make the following 4 decisions
Request for use and supplementation of applications;
Handling of petitions;
Pay the petition;
Transfer the petition to the competent court.
If your application is notified by the Court, you will pay the first instance court fee as prescribed is VND 300,000, if in the request for the Court to determine the property, the first instance court fee in addition to VND 300,000 will add a percentage of the property value. They will then notify the defendant and the person with the obligation in relation to the case of unilateral divorce, who if they have the right to comment to the Court within the scope of the request for settlement within 15 days from the date of receiving the notice of accept. At the end of this time, the Court will conduct mediation and enter the stage of preparing for trial of the case.
The usual time for the Court to resolve a divorce case unilaterally is from 4 to 6 months depending on the complexity of the case that may require the Court to proceed with the shortening procedure to save time. On the contrary, the time to ask the Court to settle the divorce will be faster than only about 1-2 months.
2. Conditions for divorce
One of the important things we want readers to keep in mind is the grounds for a divorce settlement by the Court. Not every quarrel, sulking is possible divorce but want divorce need the following grounds, in accordance with the Law on Marriage and Family 2014:
Firstly,both agree to terminate the marriage expressed by signing the divorce petition filed with the Court
Secondly,one party is grounded as the other commits acts of domestic violence, or other acts that seriously infringe on the couple's obligations resulting in marriages that cannot continue
Third,if one party is missing with a court judgment declaring that the other party has the right to request a divorce.
The marriage will only end when a court decision or judgment on the approval of the two divorcees is made.
The above are the contents related to the divorce procedure 2021,if readers have any questions related to this issue should be answered more clearly please contact the Family Marriage Law Call Center 19006512 and press the key number 2 to be cared for by our legal counsel in the field of marriage and family.
Ls. Le Minh Cong
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.
