Marriage is when a man and a woman meet the conditions of marriage and register with the competent authority to establish a husband and wife relationship in order to build a prosperous, progressive and happy family. However, after marriage, if both parties realize that they can’t get along in life, and the purpose of marriage is not achieved, they can proceed with a divorce by consent. The following article Toan Long Law will advise you on the divorce procedure.
Usually, the spouses or both are the ones who have the right to ask the Court for a divorce. However, parents and other relatives still thủ tục ly hôn have the right to make a claim when one of the spouses, due to mental illness or other diseases, is unable to perceive and control his/her behavior and is also a victim. of domestic violence committed by their husbands and wives, seriously affecting their lives, health and spirit.
In the case where husband and wife jointly request a divorce, if it is found that both parties really voluntarily divorce and have reached an agreement on the division of property, the care, rearing, care and education of children on a guaranteed basis. the legitimate interests of the wife and children, the Court shall recognize the consent of the divorce.
Thus, the condition for requesting recognition of consent for divorce is that at the time of writing, signing and submitting the application, husband and wife voluntarily divorce and have agreed on:
– Both parties really voluntarily divorce;
– The two parties have reached an agreement on the division or non-division of property, the care, rearing, care and education of children; The agreement of the two parties on property and children in each of these specific cases is to ensure the legitimate interests of the wife and children.
– Application for recognition of consent to divorce (made according to the form of the People’s Court);
– The original of the couple’s marriage registration certificate;
– Certified copies of the people’s identity cards and household registration books of the couple;
– A certified copy of the birth certificate of the common child (if any) ;
– A certified copy of the certificate of ownership of common property of the husband and wife.
Regarding the order and procedures for consenting to divorce:
– The two parties enter into an agreement with each other on all divorce issues;
– The two parties shall submit an application for recognition of consensual divorce at the district-level People’s Court where they reside;
– After accepting the application, the Court conducts conciliation between the two parties. In case the Court conciliation fails, the Court thủ tục ly hôn shall make a record of the voluntary divorce and the unsuccessful conciliation. After 15 days from the date of making the minutes, if the spouses do not change their opinions, the court shall issue a decision to recognize the uncontested divorce.
Steps to take:
Step 1: Submit the request file at the competent People’s Court
Step 2: After receiving the application and valid documents, the Court shall examine the application and notify the payment of the court fee advance;
Step 3: Pay the first-instance civil court cost advance at a competent civil judgment enforcement agency and submit the court fee advance receipt to the Court.
Step 4: The court will convene and carry out the procedures prescribed by law to consider and issue a decision to recognize the divorce.