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The Art of Uncoupling: Navigating the New Normal in 2021

Divorce comes in two forms: mutual consent divorce and unilateral divorce. Today, let's delve into the procedures and the latest regulations of 2021 regarding unilateral divorce in this article.

Administrator

6 August, 2024

Understanding divorce procedures thoroughly will benefit you and those around you in the future. Thus, today, we bring you detailed information about unilateral divorce procedures and the latest regulations in 2021.

1 Who Has the Right to Request a Unilateral Divorce Settlement from the Court?

Either spouse has the right to request a unilateral divorce settlement from the court if:

The other spouse engages in domestic violence.

One spouse seriously violates the rights and obligations of the marriage, causing an irreparable breakdown in the marital relationship.

One spouse has been declared missing by the court.

One spouse suffers from mental illness, other diseases, or is a victim of domestic violence inflicted by the other spouse.

Domestic violence can be a reason for unilateral divorce

2 Documents Required for Unilateral Divorce

The documents required for a unilateral divorce include:

Complaint/Request Form (standard format)

Marriage Certificate

Spouses’ identification documents (ID card, citizen identification card, household registration book)

Children’s birth certificates

Documents proving the couple’s joint assets

Spouse’s residence confirmation if the other spouse initiates the unilateral divorce

3 Jurisdiction for Unilateral Divorce Settlements

The court will notify the plaintiff to pay the provisional court fee if it accepts the unilateral divorce case

Upon receiving the divorce petition, the court must examine the necessary documents and evidence. If it deems the case within its jurisdiction, the court will notify the plaintiff to pay the provisional court fee.

4 How Long Does It Take to Finalize a Unilateral Divorce?

Divorce proceedings may take longer if there are disputes over assets

Typically, the time required for a divorce settlement at the first instance court is between four and six months (longer if there are asset disputes or other complexities). The process then moves to the appellate court level, which takes approximately three to four months if there is an appeal.

Note: Divorce proceedings involving asset disputes may take longer to resolve due to the need to address related legal issues. In such cases, it is possible to separate the asset dispute and handle it through a different lawsuit.

5 Court Fees for Unilateral Divorce

If you wish to file for a unilateral divorce and there are no disputes between you and your spouse, the court fee is 300,000 VND. If there are disputes, the fee will be determined based on the value of the disputed assets, and you will be required to pay accordingly.

6 Latest Unilateral Divorce Procedures

To initiate a unilateral divorce, you need to prepare the following documents:

Divorce petition with confirmation from the People’s Committee at the commune level regarding the household registration and signature of the person requesting the divorce

Marriage Certificate (original)

Spouses’ ID cards or passports (certified copies)

Children’s birth certificates (certified copies)

Copies of spouses’ permanent or temporary residence books

Documents related to the couple’s joint assets: Land Use Right Certificate, vehicle registration, etc.

The procedure for a unilateral divorce is as follows:

File for divorce at the People’s Court of the district/ward where the defendant resides or as agreed upon by both parties

Step 1: Submit your divorce petition to the People’s Court at the district/ward level where the defendant resides, works, or lives.

Step 2: After the court accepts your petition, pay the provisional court fee.

Step 3: The court will process the case after meeting all the conditions. The average processing time is four to six months, but it can take longer depending on the nature of the divorce.

The information provided above offers a comprehensive guide to unilateral divorce procedures. We hope it helps you understand this process better. We wish you all the best for your future.

Frequently asked questions

The article explores the idea of ‘uncoupling’ as a way to adapt to the new normal that emerged in 2021, which was shaped by the COVID-19 pandemic. It encourages readers to embrace change and navigate through life’s transitions, whether it’s ending a relationship, changing careers, or adapting to new lifestyles.

Uncoupling is described as a process of detaching and disengaging from something or someone. It involves recognizing when something is no longer serving us and having the courage to let it go. This could be applied to romantic relationships, friendships, jobs, or any aspect of life that is holding us back.

The article emphasizes the importance of embracing change and seeing it as an opportunity for growth. It encourages readers to reflect on their lives and identify areas where they may be holding onto something that is no longer beneficial. By practicing uncoupling, we can learn to let go, move forward, and create a life that aligns with our true desires and values.

Readers can start by identifying areas of their lives that feel stagnant or unhealthy. This could be a relationship that is no longer fulfilling, a job that doesn’t bring satisfaction, or any habit or belief system that is holding them back. Once identified, readers can begin the process of uncoupling by setting intentions, creating a plan, and taking small steps towards letting go and moving forward.

Embracing the new normal allows us to adapt to change and create a life that is more authentic and fulfilling. By practicing uncoupling, we can develop resilience, courage, and a sense of freedom. We learn to let go of what is holding us back, make peace with the past, and create space for new opportunities and a brighter future.