DIVORCE CONSULTING SERVICES

According to Clause 1, Article 56 of the 2014 Law on Marriage and Family, when one spouse requests a divorce and reconciliation at the court fails, the court will grant the divorce if there is evidence of domestic violence or serious violations of the rights and obligations of the spouses, leading to a severe breakdown of the marriage, making it impossible to continue living together, and the purpose of the marriage is not achieved.

According to Clause 1, Article 59 of the 2014 Law on Marriage and Family, the division of property is based on the agreement of both parties; if they cannot reach an agreement, the court will resolve it at the request of either spouse or both spouses, in accordance with the provisions of the law.

According to Clause 3, Article 51 of the 2014 Law on Marriage and Family, the husband does not have the right to request a divorce if the wife is pregnant, giving birth, or is raising a child under 12 months old.

Generally, property acquired before marriage, such as inheritance or gifts received individually, will be considered separate property unless the spouses have agreed otherwise to define it as joint property. In such cases, there will be no division of property upon divorce.

According to Vietnamese law, even if one spouse commits adultery, property will still be divided upon divorce. However, the Court will consider the fault of each party if there is evidence of adultery during the marriage to determine the portion of the shared property each party is entitled to.

According to the 2014 Marriage and Family Law, property acquired during the marriage is considered joint property of both spouses, except in special cases. Housework and child-rearing are also considered productive work equivalent to the income generated by a working spouse. Therefore, both spouses are treated equally when dividing property in a divorce.

According to the 2014 Marriage and Family Law, property acquired during the marriage is considered joint property of both spouses, except in special cases. The name on the property documents is merely a formality indicating ownership. Therefore, not having a name on the documents does not eliminate a spouse’s ownership of the property. If the property is joint property, the spouse has the right to request a division of the property in the event of a divorce, even if their name is not on the documents.

If both spouses agree to a divorce, they can jointly agree to submit the application to the District Court in the area where either the wife or the husband resides. In the case of a unilateral divorce, according to the 2015 Civil Procedure Code, the District Court in the area where the defendant resides or works has the jurisdiction to handle the case at the first instance for disputes related to marriage and family matters.

According to the provisions of Clause 4, Article 85 of the Civil Procedure Code 2015, a husband and wife cannot authorize another person to represent them in divorce proceedings. Therefore, VPL can only provide consultation and protect the legal rights and interests of the client during the divorce procedure, but cannot act on behalf of the client in carrying out the divorce process.

After receiving the client’s documents and requests, VPL will provide consultation within 24 working hours through methods such as phone, email, or issuing written legal opinions, etc. For complex matters that require additional time to review the documents, VPL will inform the client in advance of the expected response time for the consultation.

The consultation service fees of VPL are charged by the hour. VPL’s consultation fees range from 500,000 VND to 5,000,000 VND per hour, depending on the nature and complexity of the case. For more detailed information about VPL’s consultation service fees, clients are kindly encouraged to contact us directly for specific advice. VPL is committed to providing high-quality legal consultation services at reasonable costs, helping clients effectively resolve their legal issues.

When clients face legal issues, VPL will provide consultation through the following steps:

• Step 1: Receive information from the client
• Step 2: Analyze the legal issue
• Step 3: Provide legal advice to the client
• Step 4: Assist the client in implementing legal solutions

VPL will offer comprehensive and accurate advice based on the knowledge and experience of our experienced team of lawyers. We will always listen to and understand our clients’ needs to provide the most appropriate legal solutions.

VPL understands that clients’ information is a valuable asset and needs to be protected. Therefore, VPL commits to absolute confidentiality regarding clients’ information. We will handle clients’ information with care and keep it secure, using it solely for consultation purposes and not disclosing it to any third party without the client’s consent.

When clients are not well-versed in marriage and family law, they may face challenges such as:

• Difficulty in carrying out procedures related to marriage and family
• Difficulty in protecting legal rights and interests
• Difficulty in resolving disputes related to marriage and family

To use marriage and family law consulting services, clients should prepare the following:

• Client Information: This includes the client’s name, address, phone number, email, etc.

• Issues that need consultation: Clients should clearly state the specific issues that need advice, including questions, concerns, and challenges they are facing.

• Relevant Documents:

* If the case is related to marriage: Marriage certificate, birth certificates of children (if any), documents proving joint assets, joint debts of the couple, etc.

* If the case is related to divorce: Divorce petition, documents proving the fault of either spouse, documents proving joint assets, joint debts of the couple, etc.

* If the case is related to child custody: Documents proving the custody conditions of either spouse, etc.

* If the case is related to alimony: Documents proving the income of either spouse, etc.

* If the case is related to asset division during divorce: Documents proving the joint assets of the couple, etc.

In cases where a party has made all necessary efforts to collect documents but is still unable to do so, they can request the court to issue an order requiring relevant agencies, organizations, or individuals holding or managing the documents to provide them. Alternatively, they can ask the court to collect the documents to ensure the proper handling of the civil case.

Therefore, if there are no documents from the husband (e.g., ID card, household registration book, etc.), this can be stated in the divorce petition, and the court can be asked to require the defendant to provide the necessary documents in order to proceed with the divorce according to the law.