December 22, 2024

Divorce

Question 25: In a divorce case, if a spouse who is the plaintiff withdraws a petition for divorce and the other spouse also agrees on the withdrawal but their joint child(ren) do not agree and want the Court to continue resolving the lawsuit for divorce, does the Court keep resolving the divorce case?

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In principle, the decision of continuing or terminating a marriage relationship is a matter of the personal rights and must be decided by the spouses[3]. The termination or continuation of a marriage relationship will depend on the independent decision made by the spouses, no one has the right to intervene, except in some exceptions[4]. Therefore,…

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Question 24: Has the Court kept resolving a divorce case even if a spouse who is the plaintiff withdraws his or her divorce petition but the defendant disagrees on the withdrawal? If the answer is yes, has the Court suspended the case and established a new case with the interchange of the roles between the plaintiff and the defendant?

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Respecting the right of spouses to self-determination is one of the basic principles in the adjudicating civil lawsuits. Therefore, the plaintiff has the right to withdraw the divorce requesting petition (actually a petition) during the process of resolving the case[2]. However, the conditions needed to conduct the right to withdraw the petition for a legal…

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Question 23: During the time of the acceptance or settlement of a divorce case, is the defendant allowed to make a counter claim against the plaintiff? Are the people with relevant rights and benefits allowed to have independent request with respect to the defendant? If the answer is yes, will the independent request be handled in the same trial or another new lawsuit?

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After receiving the notice of acceptance of the case, together with having to submit to the Court written opinion on the the plaintiff’s claims, the defendant is entitled to file a counter claim against the plaintiff and send it before the opening of the meeting for checking the handover, access to, and disclosure of evidence…

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Question 22: During the duration of the acceptance or settlement of a divorce case, does a spouse who is the plaintiff has the right to modify, supplement or withdraw a part of the petition?

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The Civil Proceedings Law gives the spouses the right of self-determination in the process of resolving civil disputes and gives priority to the spouses who are able to make an agreement to solve the dispute, provided that such agreement does not contravene the relevant laws and social ethics. This principle stems from the nature of…

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Question 21: In a divorce case, is it true that the plaintiff has the right to supplement lawsuit claims at any time? Is there any statute of limitations for supplementing such lawsuit claim of the plaintiff?

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In general principles, the spouses are entitled to change and supplement their requests during the Court’s settlement of the case and be carried out before the Court opens the trial and during the trial. However, the change or addition of the spouse’s request is not always accepted by the Court. In Section 7, Part IV…

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Question 20: If one or more of the spouses’ children die while the Court was considering to accept and settle the divorce case, must the Court keep resolving the divorce case?

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Divorce means termination of the husband and wife relation under a Court’s legally effective judgement or decision. The main relation in a divorce case which is considered by the Court is a spousal relationship. Therefore, the Court shall keep considering to accept jurisdiction over a spouse’ divorce case even if one or all of their…

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Question 18: What are cases when the Court which accepted a divorce case has the right to transfer such case to another Court resuming the resolution? In that case, is it possible that the statute of limitations in the civil proceedings regulations shall be re-calculated since the transferred Court officially accepts to resolve the case?

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In which case will the divorce case as accepted by a Court be transferred to another Court for settlement? Currently, there are two circumstances for which a Court shall make a decision transferring the file of the divorce case to another Court with the appropriate jurisdiction as follows: Firstly, the divorce case has been accepted…

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Question 17: Does the Court accept a petition for divorce by mutual consent if such petition is made during the wife’s pregnancy period or her nursing of an under 12 month child period or under medical treatment by order of doctor?

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Divorce by mutual consent is a case where spouses are really willing to divorce and have agreed on the following issues: (i) terminating the marriage relationship; (ii) agreement on child raising, (iii) agreement on common property division of the spouses (if any). At that time, the spouses submit the petition to recognise the divorce by…

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Question 16: In a divorce case that either spouses unilaterally requests a divorce due to the fact that the spouses no longer love each other or the difference in lifestyle and sex of each of the spouses, whether such fact is a proper reason for the Court to accept the case and permit the divorce? If so, does the plaintiff only need to prove that this reason has arisen only once or such a reason must be arisen many times in a reasonable period of time and meet the requirements of the degree of seriousness?

wp-admin04 mins

Divorce is an event in which the husband and wife relation ends under a Court’s legally effective judgement or decision. If the spouses fail to reach an agreement on divorce, based on the petition of either the husband or the wife, the Court shall conduct the settlement of divorce if it has grounds to believe…

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Question 15: Is adultery deemed to be a favourable factor for the plaintiff (if there are any evidence) when the Court considers resolving a divorce case and dividing common properties of the spouses?

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Currently, the Vietnamese laws do not provide any specific definition of adultery but only state that: “A cohabitation as a spouse with a person that one of the two persons is in a marriage relationship with another person is considered as a violation of the marriage regime”[2]. Although in practice, adultery may be manifested in…

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