Sharing of expertise
Question 47: During the marriage period, if a spouse brings the common child(ren) to live in a different place without the other’s prior consent, can that person bring the child(ren) back to the house where they are living by himself or herself, or through a third party?
Husband and wife are equal[4] to each other in all aspects of the family, including the care and nurturance for children, as well as their education. Based on that constitutional right, the Law on Marriage and Family stipulates that the spouses have equal rights to look after, care for, nurture, educate the children, and protect…
Question 46: Is there any regulation imposing on each spouse to hire a lawyer upholding his or her lawful rights or interests in a divorce case? Is it legally possible to hire more than one lawyer to defend the spouses? When does a lawyer have the right to commence entering into the settlement process of the case? What happens when there is a difference of opinion about the defense of one spouse among hired lawyers, which opinion shall be recognised by the Court?
In a divorce case, does the law require each spouse to have a lawyer protecting their rights? Hiring a lawyer to protect legal rights in a divorce case is the right of spouses or the persons with related interests and obligations. Whether or not the spouses can exercise this right, depending on their conditions, purposes…
Question 45: Is either spouse allowed to authorise his or her lawyer, or a person or legal entity to act on his or her behalf in Court for divorce case? Why?
Under the applicable law, during the process of resolving a divorce case in the Court, either spouse may authorise his or her own lawyer, or a person or organisation to carry relevant works for some particular issues. As mentioned in the previous question, there are three kinds of requests in a divorce case that the…
Question 44: Is the presence of the representative of the Procuracy required during the trial of the divorce case? If any, what is the position of the representative of the Procuracy in the divorce case?
Is the presence of the representative of the Procuracy required during the trial of the divorce case? Under the applicable law, the presence of the representative of the Procuracy during the trial of the divorce case prescribed as follows: In a number of cases, the representative of the Procuracy will be required during the trial…
Question 43: Under which circumstances is the Judge allowed to postpone a Court hearing of divorce?
In the actual process of resolving many litigation cases, there have been lots of unexpected situations in the Court hearings or meetings, causing the inability to carry out the hearing or situations which are likely to adversely affect the litigants’ rights and interests potentially lacking objectiveness, accuracy, and equity of the trial, if carried on….
Question 42: In what circumstance does a spouse in the divorce case have a right to request a Court to change the Judge, Jurors or Court Clerk who are assigned to settle the case? Where will the request be submitted to?
The right of either the husband or the wife to request for change of the Judges, Jurors, Court Clerks The right to request the change of persons conducting proceedings is one of the basic rights of the litigants to protect their rights and interests in a divorce case. In practice, there are many cases that…
Question 41: In the divorce case, how many people are there in the Council of Adjudicators and who are they? Please compare the roles of the Jurors and the Judge(s) assigned to hear the divorce case?
The composition of the Council of Adjudicators in a divorce case will be similar to other civil cases. For the first instance trial, the Council of Adjudicators usually consists of 01 Judge and 02 Jurors. In special cases, the first instance trial commission may consist of 02 Judges and 03 Jurors. For the appellate stage,…
Question 40: Which level of trial will be included in a divorce case? What is the maximum time from the acceptance of a divorce petition and adjudication until a decision is made in the trial of each level? Is there any exception?
Like other civil cases, according to the Civil Proceedings Code 2015, there are two levels of trial in a divorce dispute: the first instance trial and the appellate trial. Courts handle and resolve divorce cases under the law on civil procedures[2], specifically as follows: First instance trial Time for acceptance: Within 03 working days from…
Question 39: Does a plaintiff in a divorce case have to pay Court fee when applying for a unilateral divorce? In a divorce case where the two spouses agree to divorce, who will pay the Court fee, how much is the Court fee, and are there any minimum and maximum amount of the Court fee?
Obligation to pay Court fee advances and Court fees is an obligation of the spouses when requesting a competent Court to settle a civil case at their request, except for some special cases where the spouses are exempt from the payment of advance Court fees in accordance with the law[2]. When making a unilateral divorce,…
Question 38: How long is the statute of limitations for the spouses to apply for a divorce case at the Court?
Currently, the Law on Marriage and Family 2014 does not have any provision regarding the statute of limitations to apply for a divorce case. Instead, this law only provides the statute of limitation for the acceptance of a divorce petition. Accordingly: “Courts shall accept divorce petitions in accordance with the Civil Proceedings Law”[1]. Therefore, under…