According to current law, marriage is the voluntary decision of both parties to live together in the name of husband and wife. coercion from one or both sides. In the following article, Le Hong Phong High School provides you with instructions on how to write an application for an uncontested divorce and some handwritten consent forms for your reference.
Accordingly, the divorce application form is also divided into two types: Consent divorce form and unilateral divorce application form. Minh Khue Law introduces and guides how to write a consent divorce application form for customers to refer to and apply in practice.
What is an amicable divorce?
An uncontested divorce is a divorce at the request of both husband and wife when they have reached an agreement on all matters relating to the husband and wife relationship, child custody, child support, and property division.
An uncontested divorce is different from a unilateral divorce, because a unilateral divorce is when only one spouse requests a divorce.
Instructions for writing a consent form for divorce
According to the latest law on marriage and family 2014, there are three reasons for the court to accept a divorce according to the law:
One is, Marriage without children (The purpose of marriage is to maintain the race, getting married without children means that the purpose of marriage cannot be achieved, so the court will approve the divorce unilaterally or consensual for this reason);
Two is, Serious marital status – This is quite difficult to define as serious but it is possible to generalize the basic reasons such as one of the parties engaged in adultery that the other cannot accept or forgive or the The parties have lived separately for a long time without a husband and wife relationship.
Three is, Cohabitation cannot last, it is understood that living together can be harmful to either spouse, it can also be harmful to the personality development or lifestyle of the children. (Example: Domestic violence; Gambling; Addiction to drugs or alcohol…)
Here are some The latest version of the divorce agreement form are often applied in court in divorce cases for customers’ reference and application
Application form for an amicable divorce 2022
Consent divorce form includes the following:
– National title, motto, name of the petition for consent to divorce;
– Date, month and year of filing the divorce petition;
– To the agency competent to settle the divorce;
– Personal information of husband and wife requesting divorce: Full name, address, phone number, email..
– The cause of the couple’s marriage leading to marriage;
The contents of the request for recognition of the settlement by the Court include the following:
+ About the marital relationship
+ About property
– Request the Court to consider and settle;
SOCIALIST REPUBLIC OF VIETNAM
—***—
Dear: People’s Court of District/District……………Province/City………….
(Example: People’s Court of Thanh Xuan District, Hanoi City.)
Full name of husband: Nguyen Van A Date of birth: …../…../…………..
Identity card or ID card number: …………………… issued by Hanoi police on…./…../……
Permanent residence: (Example: Group 8, Khuong Trung Ward, Thanh Xuan District, Hanoi City.)
Current accommodation:(Example: Group 8, Khuong Trung Ward, Thanh Xuan District, Hanoi City.)
Full name of wife: Nguyen Thi B Date of birth:…./…../…………..
Identity card or ID card number: …………………… issued by Hanoi police on…./…../……
Permanent residence: (Example: Group 8, Khuong Trung Ward, Thanh Xuan District, Hanoi City.)
Current accommodation: (Example: Group 8, Khuong Trung Ward, Thanh Xuan District, Hanoi City.)
Please present to the Court the following: (The following is a specific example of a case for customers to refer to below)
Husband and Wife I got married on….month…….. according to the marriage registration certificate number:…./GKS at the People’s Committee of Khuong Trung ward. We lived happily for 2 years after getting married and had 2 children together, but on….month……..I found out that my husband had gambling behavior (soccer betting) lost nearly 6 billion, We had to sell all of our common assets to pay our debt, but he didn’t change his mind but on ..month…….. continue to gamble, leading to continued loss of debt. Not only that, but he also blatantly lives as a husband and wife with another daughter despite the disapproval of his family and the reconciliation of the neighborhood group. My husband and I have been separated for 12 months and decided to proceed with divorce proceedings.
Now, We make this application to request the People’s Court…………..to recognize the consent to divorce according to the order and provisions of current law.
Therefore, we hope that you will consider and resolve for us to get a divorce and terminate the marriage. The spouses have mutually agreed on the following issues:
1. About common children: Have two (02) children in common
+ Grandchild: Nguyen Thi C Year of birth: 20…………
I am currently studying in class 8C, Thanh Xuan Trung Secondary School, Thanh Xuan District, Hanoi
+ Grandchild: Nguyen Van D Year of birth: 20………….
Currently, D has just turned 3 years old and is living with his mother.
We have agreed on the person to directly raise the child and the monthly child support rate as follows:
Nguyen Thi C was born in the year 20…. Because his father is the one to directly raise him and does not ask for a subsidy from his mother, Nguyen Van D is directly raised by his mother and receives a monthly support from his father of 2,000,000 VND (in words: Two million VND even).
2. About common property we voluntarily agree and divide as follows: (specify what assets each person is divided and owns – Minh Khue Law gives an example below for customers to understand).
We have the following common properties:
+ A 7-seat innova car with license plate: 29A………….car registration number: ………… We agree that this property is owned by my husband from the date the court allows divorce.
+ HONDA SPACY motorbike license plate number: 29H…….. car registration number: …… We agree that this property is exclusively owned by my wife from the day the court decided to grant the divorce.
+ Motorcycle HONDA SH 150i license plate: 29P…….. vehicle registration number: …….. We agree that this property belongs to my husband exclusively from the date the court allows divorce.
Other assets such as refrigerators, televisions, desks, cabinets, etc. The two parties voluntarily agree to divide after the divorce.
Note: If there is no common property, just write: No common property (If there is no common property, write no common property)
3. Back to housing We voluntarily agree to the following:
+ A level 4 house, 50 m2 wide, issued by the Hanoi People’s Committee of the land use right number: ……../GCNQSDD, issued on …..month…..….. We agree that this property is exclusively owned by my wife from the day the court decided to grant the divorce.(If housing is not available, write none)
4. General debt (joint loan) we have voluntarily agreed as follows: (Write down the joint debts if any arise and whose obligation to repay the debt belongs to? Minh Khue Law gives an example below).
+ Debt owed to Mr. Le Van T according to his wife’s loan document made on ….month………. between Mr. Le Van T and the couple who signed to receive the debt under the loan contract No. …../HDVT . We agree that after the divorce Mr. Nguyen Van A is obliged to pay all the above debts;
+ Debt owed to Ms. Nguyen Thi M according to the loan document No.: ……./GVN made on …..month…..year between Ms. Nguyen Thi M and Ms. Nguyen Thi B. We agreed after the divorce from Ms. Nguyen Thi. B is obliged to pay all of the above debts.
(Note: If there is no joint debt, just write No joint debt.)
Sincerely request the Court to consider and resolve
Hanoi Day Month Year……..
| Full name husband | Wife’s name |
| (Sign and write full name) | (Sign and write full name) |
Can a husband or wife get a divorce without going to court?
According to the law, when resolving a divorce by consensus, the court still conducts mediation and reunification. If the mediation and reunification fails, the court will make a record of the divorce agreement and the unsuccessful mediation.
Within 15 days from the date of making the minutes, if the spouses or both spouses do not change their opinions and the procuracies do not object, the court shall issue a decision to recognize the divorce without having to open a court hearing. when all of the following conditions are met:
– The two parties have reached an agreement on the division or non-division of the property;
– The two parties have reached an agreement on the care, rearing, care and education of their children;
– The agreement of the two parties on property and children in each of these specific cases is to ensure the legitimate interests of the wife and children.
The decision to recognize the divorce consent takes legal effect immediately, the parties do not have the right to appeal, the Procuracy has no right to protest according to the appellate order.
Thus, if all the conditions are met, the spouses’ uncontested divorce does not need to go to court, except in case the court conciliation lacks one of the above conditions, the court makes a record of the conciliation. failed reunion.
In which, it clearly states the issues that the two parties cannot agree on or has reached an agreement but does not ensure the legitimate interests of the wife and children, and at the same time conducts the opening of a court hearing for the divorce case according to common procedures.
Dossier for divorce by consent 2022
According to the provisions of Clause 2, Article 29 of the 2015 Civil Procedure Code, the request for recognition of consent to divorce, agreement on child rearing, and division of property upon divorce is defined as a civil matter. Therefore, in order to be resolved by the Court, the couple must prepare the following documents and documents:
– Marriage registration certificate (original). If you do not keep or no longer have, you can contact the civil status agency where the marriage was registered before to issue a copy;
– Identity card/passport/citizen identity card of husband and wife (certified copy);
– Birth certificates of children if they have children in common (certified copy);
– Family registration book (certified copy);
– Papers proving ownership of common property (if there is a common property, a certified copy);
Where to file for an uncontested divorce?
According to the provisions of Point h, Clause 2, Article 39 of the 2015 Civil Procedure Code, the authority to consent to divorce is regulated as follows:
h) The court of the place where one of the parties consents to a divorce, child custody agreement, or property division upon divorce resides or works has jurisdiction to handle requests for recognition of consent to divorce, child custody agreement, division of property upon divorce;
Thus, according to the above provisions, the Court of the place of residence of one of the parties will have the authority to resolve the divorce by consent. In addition, Article 11 of the Law on Residence 2020 stipulates the place of residence as follows:
1.A citizen’s place of residence includes his/her permanent residence and temporary residence.
2. In case the place of permanent residence or temporary residence cannot be determined, the place of residence of the citizen is the current place of residence determined according to the provisions of Clause 1, Article 19 of this Law.
Court fees for amicable divorce?
Pursuant to Resolution 326/2016/UBTVQH14 stipulating the rates of collection, exemption, reduction, collection, payment, management and use of court fees and court fees promulgated by the National Assembly Standing Committee, the level The court fee for an amicable divorce without a dispute over the price is specified as 300,000 VND.
Videos about handwritten consent form for divorce
Conclude
The article has provided you with the latest information related to the consent to divorce and the latest handwritten consent divorce form in 2022, thank you for following the article.
Posted by: Le Hong Phong High School
Category: General
Copyright of the article belongs to Le Hong Phong High School. Any copying is fraud!
Shared source:
/mau-don-xin-ly-hon-thuan-tinh-viet-tay/
Cảm ơn bạn đã đọc bài viết Mẫu đơn xin ly hôn thuận tình viết tay . Đừng quên truy cập Cakhia TV Trang web xem trực tiếp bóng đá không quảng cáo hot nhất hiện nay