THE PROCESS OF RESOLVING UNILATERAL DIVORCE
Unilateral divorce is a case where only one party, either the husband or the wife wants to terminate the marital relationship while the other party does not agree. To legally terminate a marital relationship, there must be a legally effective judgment or decision from the Court. Accordingly, what are the stages of unilateral divorce and how to resolve them are issues that many people are interested in. In this article, TNTP will analyze the legal regulations related to the process of resolving unilateral divorce cases in Court.
1. Components of a unilateral divorce file
To ensure the process of resolving a unilateral divorce request, the requesting party must prepare a complete file containing all the necessary documents to submit to the competent authority. Accordingly, the unilateral divorce file will include the following documents:
– Divorce application form as per the template issued in Resolution 04/2018/NQ-HDTP (Available at the petition receiving department of all Courts);
– Original copy of the marriage registration certificate;
Note: In case of loss or absence of the marriage certificate, the requesting party can go to the People’s Committee where the couple was previously married to request an extract of the marriage certificate.
– Certified copy of Residence Information Confirmation (depending on the requirements of each Court);
– Certified copy of ID cards/citizen identification cards/passports of both spouses;
– Birth certificates of the children (certified copies, if any);
– Other documents and evidence proving common assets such as: Land use rights certificate, ownership certificate for the residence and other properties attached to the land (land title), vehicle registration; savings account passbooks… (copy; if any).
2. The process of resolving unilateral divorce
Pursuant to Articles 191, 195, 196, 197 and 203 of the 2015 Civil Procedure Code, which provide detailed regulations on the procedures for resolving cases at the Court of first-instance trial. Accordingly, the order to conduct unilateral procedures divorce is carried out as follows:
Step 1: Prepare and submit application
After preparing the complete documentation according to the above contents, the person requesting a unilateral divorce settlement submits the file to the competent Court where the defendant resides or works by methods such as submitting directly at the Court, via postal service or the Court’s electronic information portal.
Step 2: Receive application processing results
In case of filing the application directly at the Court, the Court will immediately issue a confirmation receipt to the applicant. In case the application is submitted via postal service or online, the Court will send a notice of receipt to the applicant.
Step 3: Pay the court fee advance and return the court fee advance receipt
In this stage, after reviewing and determining that the case falls under jurisdiction of the Court, the Judge will promptly notify the divorce petitioner to proceed with the payment of the court fee advance and submit the receipt of payment for the court fees to the Court.
Note: The judge accepts the case when the plaintiff submits to the Court a receipt for the advance payment of court fees; The time limit for the advance payment of court fees is within 07 days from the receipt of the Court’s notification.
Step 4: Summon the involved parties for statements, reconciliation, and proceeding with legal procedures
After taking jurisdiction of the case, the Judge will summon the relevant parties and proceed with reconciliation. In the event that reconciliation is not successful, the Court will conduct a first-instance trial for divorce according to legal procedures and regulations.
3. Time limit for unilateral divorce settlement
According to Article 203 of the 2015 Civil Procedure Code, the first-instance trial preparation phase lasts for a period of 04 months, from the date of case acceptance. This period can be extended but not exceeding 02 months in cases of complexity, force majeure events, or objective obstacles. Within 01 month from the date of the decision to bring the case to trial, the Court must open a first-instance trial. In case there is a legitimate reason, this time limit is 02 months.
Thus, the time limit for first-instance resolution of a unilateral divorce case may last 8 months from the date of case acceptance. In cases where additional documents are required or the case involves complex circumstances that require extended time to collect evidence and clarify further, the divorce resolution process may last even longer.
4. Court fees for unilateral divorce
According to Resolution 326/2016/UBTVQH14, the civil court fee for first-instance proceedings is 300,000 VND if there is no property dispute. In case of divorce proceedings with property disputes, the court fee will be calculated according to the quota price.
Above are TNTP’s legal shares about the unilateral divorce settlement process. We hope that this article can help you better understand and take notes on this process to protect your legal rights and interests when participating in resolving a divorce case.
TNTP & ASSOCIATES INTERNATIONAL LAW FIRM