(Nguyen Hong Nhung & Nguyen Huu Phuoc Esq. – Phuoc & Partners) Premarital sex is no longer uncommon in today’s society, which leads to an increase in the proportion of children born outside of marriage. If they already have a child, they can register their marriage to legally become husband and wife, and then take…
On-the-spot appraisal is a method conducted by the Judge in charge to gather documents and evidence when necessary. It can be used either at the request of the spouses or at the initiative of the assigned Judge according to the order prescribed by law. When performing the on-the-spot appraisal, the Judge shall go to the…
Expertise solicitor means that the Court or procedure conducting person issues decisions on expertises. Meanwhile, requesting an expertise means that the right of the spouses to resort to an organisation or an individual to conduct the expertise will be rejected according to Article 102 of the Civil Proceedings Code 2015. In the context of medical…
Examination means the study of things, health status, physical characteristics and so on, undertaken by an individual (or an organisation) with the knowledge and professional competence at the request of the Court or the spouses. The expenses of examination are the amount of money due for the examination to be undertaken by an individual(s) or…
In a divorce case involving foreign element such as husband or wife being a foreigner who can communicate in Vietnamese, is an interpreter required under the Vietnamese law? According to the current Civil Proceedings Law, the written and spoken language used during the resolution of a civil case shall be Vietnamese. The people participating in…
The summoning of witnesses at the trial or the collection of their testimony in divorce cases is crucial to clarify the truth about the case. And of course, the witness’ participation in the process of resolving the case will give rise to related costs, such as travel and accommodation expenses and any fee due to…
In principle, witnesses must declare truthfully and in all respects all the facts they are aware of about the case as well as provide all information, documents and objects they retain which are related the resolution of the divorce. However, in some cases, to ensure the legitimate interests of witnesses as well as that of…
Under the law, witnesses are obliged to be present at the trial if summoned by the Court. If they fail to attend, the Court may decide to have the witness escorted to the trial. In this case, the witnesses will be forced to be escorted to the trial by the police regardless of their will….
In case the litigant in the divorce case cannot go to the Court to give testimony; the Judge in charge of the case, if deeming necessary, may take a testimony outside the Court headquarters[2]. Thus, the litigants have the right to request the Judge in charge of the case to take testimonies outside the Court…
According to the law, if either of the spouses requests for compensation due to the fault of the other spouse to leak information relating to the divorce case to third parties or on social networks, it is the request or compensation for non-contractual damages (i.e. causing damage when having no agreement, contract between the two…