Consenting divorce is a case where the husband and wife really voluntarily divorce and have agreed on the division of property, the care, rearing, care and education of children on the basis of ensuring the legitimate interests of the wife and children. child. After reaching an agreement on the above issues, the two parties will proceed with the divorce proceedings at a competent court.
Accordingly, the steps to carry out the divorce consent procedure are as follows:
Step 1: Prepare legal documents and necessary information about husband and wife, common children, common property and common debt (if any)
Basic documents and papers to be submitted to the Court include:
– Marriage certificate (original);
– Household book (copy);
– ID/CCCD/Passport of husband and wife (copy);
– Documents proving the place of residence of the thủ tục ly hôn thuận tình spouse if the actual residence is different from the permanent address of the spouse (copy);
– Birth certificates of children (copy);
– Documents proving the common property of the spouses (real estate and registered property) and joint debt (if any) ;
Step 2: Determine the Court to handle the divorce
The district-level People’s Court at the place of residence or work of either party is the competent authority to settle requests for recognition of consent for divorce, agreement on child rearing and division of property upon divorce.
In case there are involved parties or assets in a foreign country or the judicial entrustment is required to an overseas representative agency, the settlement competence belongs to the provincial-level People’s Court.
Step 3: Prepare the petition for consent divorce
Prepare an application according to the agreement and send documents and evidence to prove that the agreement on divorce, child custody agreement, property division upon divorce is grounded and lawful.
The petition must contain the following main contents:
a) Date, month and year of making the application;
b) Name of the court competent to handle civil matters;
c) Name and address; phone number, fax, email address (if any) of the requester;
d) Specific issues to be resolved by the Court and the reasons, purposes and grounds for requesting the Court to settle such civil matters;
dd) Names and addresses of persons involved in the settlement of that civil matter (if any);
e) Other information that the requester considers necessary for the settlement of his request;
g) Signature or fingerprint.
Step 4: Pay the court fee advance
On the scheduled date to return the results, the spouses shall go to the Court to receive the Notice of payment of the court cost advance and pay the court costs at the civil judgment enforcement agency, then return the receipt of the payment of the court cost advance to the Court. .
Husband and wife may agree on the payment of fee advance, except for cases where the fee advance is exempted or not required to pay as prescribed by law. In case the husband and wife cannot agree on the person paying the fee advance, each person must pay half of the fee advance.
Step 5: Receive summons and work at the Court
The judge will conduct mediation to reunite the husband and wife; explain the rights and obligations between husband and wife, between father, mother and children, among other family members, about alimony and other issues related to marriage and family.
In case after conciliation, the husband and wife reunite, the judge shall issue a decision to suspend the settlement of their request.
In case of unsuccessful reunification, the judge shall issue a decision to recognize the consent of the parties to the divorce and the agreement of the involved parties when fully meeting the following conditions:
a) The two parties actually voluntarily divorce;
b) The two parties have reached an agreement on the division or non-division of the common property, the care, upbringing, care and education of the children;
c) The agreement must ensure the legitimate interests of the wife and children.
Step 6: Receive the Court’s decision on the recognition of consensual divorce.
After unsuccessful conciliation, the Court will issue a Decision to recognize the consent of the divorce.