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Advice on divorce procedures in Vietnam
Divorce procedures as prescribed in the Law on Marriage and Family are divided into the following categories: Consensual Divorce and Unilateral Divorce.
I. An amicable divorce
Regulations on Consent to Divorce:
In the case where husband and wife jointly request a divorce, if it is deemed that the two parties are really willing to divorce and have agreed on the division of property, the care, rearing, care and education of the children on the basis of protection. If an agreement cannot be reached or an agreement is reached but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce."
Consent divorce is a quick divorce procedure and is conducted according to the civil order.
II. Unilateral divorce
Regulations on Unilateral Divorce:
When a spouse requests a divorce but the conciliation at the Court is unsuccessful, the Court shall grant the divorce if there are grounds that the spouse has committed domestic violence or seriously violated the rights and obligations of the spouse. husband and wife make the marriage fall into a serious state, living together cannot be prolonged, the purpose of marriage is not achieved.
III. Authority to solve:
The court competent to handle divorce proceedings is the People's Court of the District.
For divorce cases involving foreign elements (involved parties or overseas assets), the People's Courts of the province/city have jurisdiction to settle them.
IV. Divorce file:
Depending on the type of request, the divorce file has different forms and papers, usually with the following documents:
Divorce application (according to the form);
Marriage registration certificate (original);
Birth certificate of common child (if any, copy);
ID card and household registration (or passport, copy);
Papers proving ownership, right to use if there is a dispute over property (if any, copy).
V. Procedures steps:
Step 1: Prepare documents, make an application;
Step 2: Submit the file at the competent court
Step 3: Receive the results of handling the application according to the Court's appointment form
Step 4: Pay the fee at Civil Judgment Execution and return the receipt to the Court;
Step 5: Participate according to the summons of the Court. Depending on whether the case is consensual or unilateral, the Court will comply with the provisions of the Civil Procedure Law.
Lawyers advise on divorce proceedings
BECAUSE. Advisory lawyer
Advice on the right to request the Court to settle divorce;
Advising on grounds for divorce;
Advising on the provisions on consent divorce and divorce at the request of one party;
Advice on divorce with foreign elements, divorce with foreigners;
Advice on regulations on childcare, care, education and rearing after divorce;
Counseling on child support during divorce;
Advice on principles of property division upon divorce and procedures for property division;
Advice on division of common property of husband and wife after divorce;
Advice on quick divorce proceedings.
VII. Dispute resolution lawyer
Regarding the field of divorce dispute resolution, we have experience in resolving:
Disputes over child rearing, property division upon divorce;
Disputes over division of common property of husband and wife during marriage;
Disputes over change of person directly raising children after divorce;
Disputes over identification of parents for children or identification of children for parents;
Support disputes;
Request an annulment of the illegal marriage;
Request for recognition of consent to divorce, child rearing, and property division upon divorce;
Request recognition of agreement on change of person directly raising children after divorce;
Request to restrict the rights of parents towards minor children or visitation rights after divorce;
Quang Thai Law Office provides lawyer services to participate in dispute resolution at all levels of the Court, including:
Guide and advise clients on the order and procedures to initiate a lawsuit, the statute of limitations for initiating a lawsuit, the conditions for initiating a lawsuit, the status of the subject and composing a petition to send to a competent court. Proposing relevant procedure-conducting agencies when issuing decisions that are not in accordance with procedures and order... Affecting the legitimate rights and interests of customers.
Drafting applications and other related documents for involved parties;
Participating in legal proceedings as a lawyer to protect the legitimate rights and interests of clients at all levels of the court;
Contact a Lawyer
Legal services on divorce proceedings, legal issues related to divorce is one of the areas of law in which we have extensive experience. We have a team of lawyers specializing in providing legal advice and providing legal services related to the field of divorce procedures, legal issues in divorce. With our experience and understanding, Family Law Office is committed to consulting and providing the most effective solution for you. At the same time, we carry out legal procedures as well as best protect your legitimate rights and interests.
TRAN MINH HUNG LAWYER ON TIVI HTV
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