The Fastest Amicable Divorce Procedure in Vietnam

When wanting to terminate their marital relationship, couples can either agree to divorce or file a divorce lawsuit. In this article, readers will learn about legal regulations regarding the conditions, documents, procedures, and process of the amicable divorce procedure in Vietnam.

What is amicable divorce?

According to the provisions of the Marriage and Family Law of Vietnam, divorce is the termination of the marital relationship by a valid judgment or decision of the Court.

Spouses have the right to request the Court to settle the divorce through one of the following two procedures:

– If only one spouse requests a divorce, or both spouses request a divorce but cannot agree on the rights and obligations of each party after the divorce, the divorce will proceed through the unilateral divorce procedure.

– If both spouses request a divorce and agree on the rights and obligations of each party after the divorce, the divorce will proceed through the amicable divorce procedure.

According to Article 55 of the Marriage and Family Law of Vietnam, an amicable divorce is a case where the divorce meets the following conditions:

– Both spouses voluntarily request the divorce.

– The spouses have agreed on the division of property, custody, care, and education of children, ensuring the rights and legitimate interests of the wife and children.

The required documents for implementing the amicable divorce procedure in Vietnam

The dossier for amicable divorce recognition includes the following documents:

1/ Application for amicable divorce settlement (according to the form)

2/ Marriage certificate.

3/ ID cards of the wife and husband.

4/ Birth certificates of shared children.

5/ Documents proving the ownership rights of common assets (for assets that require ownership registration).

6/ Documents proving shared debts (if any)

According to the provisions of the current Civil Procedure Code of Vietnam, the competent court to handle mutual consent divorce is the district-level People’s Court where either of the spouses resides.

Therefore, when seeking a mutual consent divorce, the spouses need to agree on selecting the district-level People’s Court where either the wife or the husband resides to handle the case.

For example:

– If the spouses reside in Loc Tho Ward, Nha Trang City, Khanh Hoa Province, and wish to pursue a mutual consent divorce, they should submit the documents to the People’s Court of Nha Trang City.

– If the wife resides in Loc Tho Ward, Nha Trang City, Khanh Hoa Province, and the husband resides in Ninh An Commune, Ninh Hoa Town, Khanh Hoa Province, in this case, the spouses can mutually agree to submit the documents either to the People’s Court of Nha Trang City or the People’s Court of Ninh Hoa Town.