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DIVORCE COUNSELOR

Nguyễn Thành Tựu
0916.303.656

Name: NGUYEN THANH TUU-(MR. TONY)

Job title: MBA Lawyer – CEO- 

Phone: +84 9.19.19.59.39

Email: tuulawyer@nvcs.vn

Consultancy area: Investment- Tax- M&A – IP – Dispute settle.

Language: Vietnamese – English

 

  1. Divorce Counseling?

  • Counseling on choosing the property of husband and wife;
  • Divide property during the marriage period;
  • Good divorce counseling;
  • Unilateral divorce counseling;
  • Settlement of common property disputes upon divorce;
  • Settlement of child custody and support obligations after divorce;
  • Custody change after divorce;
  • Division of common property after divorce;
  • Settlement of real estate, inheritance;
  • Adoption registration;
  • Father certification for children;
  • Protecting client’s legal interests at a marriage and family trial;
  1. What is divorce?

Divorce is the termination of a husband and wife relationship under a court’s legally effective judgment or decision at the request of either husband or wife or both husband and wife. The right to request a divorce is a personal right attached to husband and wife, so husband and wife do it themselves without being able to transfer or authorize another person.

According to the law, divorce can be done through a divorce consensus procedure based on the divorce of the two parties or through a unilateral divorce procedure. However, any procedural divorce also leads to the end of the marriage relationship between husband and wife.

  1. Order and procedures for a divorce settlement

  • Documents and documents for a divorce case include:

– For unilateral divorce:

  • Petition for unilateral divorce;
  • Original marriage certificate;
  • Authenticated copy of household registration book;
  • Authenticated copy of ID card / Citizen ID / Passport of husband and wife;
  • Authenticated copy of child’s birth certificate;
  • Other documents and evidence proving the requested property to be divided such as: certificate of land use right, …

– For a favorable divorce:

  • The petition for the People’s Court to recognize the consent of the divorce;
  • Original marriage certificate;
  • Authenticated copy of household registration book;
  • Certified copy of ID card / CCCD / HC of husband and wife;
  • Authenticated copy of child’s birth certificate;
  • Attached documents and other evidence.
  • Order and procedures to file for divorce:
  • Submit valid documents and documents on divorce application to the competent People’s Court;
  • After 08 days, the Court checks the file. If the file is complete and valid, the Court will send a notice of advance court cost;
  • Pay the civil court cost advance at the competent Civil Judgment Execution Bureau and submit the court cost advance receipt to the Court;
  • The Court opens the reunification mediation session, if it fails, the divorce procedure will be conducted at the Court according to the first instance procedure.
  • Processing time:
  • Good divorce: From 03 to 04 months;
  • Unilateral divorce: At first instance, it takes about 04 to 06 months.

However, in practice, the time to resolve the divorce case may be longer if the defendant is absent without the application for trial in absence or / and there is a dispute over property and custody, …

  • Cost:

Pursuant to Resolution No. 326/2016 / UBTVQH14 on the collection, exemption, reduction, collection, payment, management and use of court fees and court fees issued by the National Assembly Standing Committee, the Kiss according to the table below:

No. Name of Court fee Collection
1 Divorce has no quota 300000 VND
2 Divorce has quota
2.1 From 6 million dong or less 300000 VND
2.2 from 6 million dong to 400 million dong 5% of property value
2.3 from 400 million dong to 600 million dong 20 million dong+ 4% of property value exceed 400 million dong
2.4 From 800 million dong to 2 billion dong 36 million dong+ 3% of property value exceed 800 million dong
2.5 From over 2 billion to 4 billion dong 72 million dong+ 2% of property value 2 billion dong
2.6 From 4 billion dong 112 million dong+0,1% of property value exceed 4 billion dong

 

  1. Child custody rights under Vietnamese law

For divorce cases resolved by the Court, child custody is specified in Clauses 2 and 3, Article 81 of the 2014 Law on Marriage and Family:

2. Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.

  1. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.”
  2. Asset division after divorce.

The division of property after divorce is based on the principle of agreement. In the case that the two parties cannot reach an agreement, the Court will resolve the following principles.

First, the private property of either party belongs to the ownership of that party, only common property of husband and wife will divide the property upon divorce.

Second, the common amnesty properties that belong to husband and wife listed in item 2 are divided according to the principle of splitting, but the Court considers each party’s circumstances, property situation, effort. the contribution of each party to the creation, maintenance and development of this property.

Third, the work of husband and wife in the family is called paid labor.

Fourth, protect the legitimate interests of each party in production, business and occupation so that the parties can continue to work and generate income.

Fifth, protect the legitimate rights and interests of wives, adult or adult children who are disabled, incapable of civil acts, incapable of working and not having property to support themselves.

Sixth, the fault of each party in the violation of the rights and the obligations of husband and wife.

Seventh, in the case of merger or mixture between private property and common property and husband and wife request to divide the divorce property, during the division, which party shall receive the valuable part of the property in kind. If it is larger than the one we enjoy, we must pay the other party the difference in value.

  1. Settlement of foreign property

The settlement of property being real estate abroad upon divorce must comply with the law of the country where such immovable property is located (pursuant to Clause 3, Article 127 of the 2014 Law on Marriage and Family).

CONTACT US

Hotline: +84 919 19 59 39 (Call Lawyer immediately for free consultation – Mr. Tuu)

Email: Luatsu@nvcs.vn (Just CLICK on Email and fill in the blank with your information, the Customers shall be quickly complete the legal process)

 0919 19 59 39    

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