Question 4: What kind of documents shall be required for a divorce file? How many sets of petition? What are the basic contents of a lawsuit petition ?

The file of divorce According to the Law on Marriage and Family 2014, there are two methods to handle the divorce, specifically: Case 01: Requesting the Court to approve the divorce by mutual consent, child bearing, and property division after divorce[2]. When both spouses request a divorce, a competent Court shall recognise the divorce by…

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Question 3: In a divorce case, is the procedure for grassroots – level conciliation at the locality in which one of the spouses is living mandatory prior to filing divorce? Why?

The grassroots – level conciliation at the locality refers to the act of conciliating at the grassroots level (hamlet, village, commune, group, quarter, city blocks and other residential communities[1]). In divorce cases, the grassroots conciliation is when a mediator instructs and helps both spouses reach an agreement, and voluntarily deals with conflict, dispute, and breaches…

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Question 2: Does the law specify that cohabitation as spouses without registrating a marriage registration certificate has the spousal relation and when they want to be apart, do they have to conduct divorce procedure? How are their common properties, children responsibility, and obligations of contracts handled if the law does not recognise their relation?

Man and woman cohabiting as spouses without marriage registration Depending on the actual situation, a man and a woman cohabiting as spouses without marriage registration will or will not be recognised by law as a spousal relationship is legally recognised or not recognised as the spouses’ relation. If this cohabitation is legally recognised, when they…

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Question 1: In a divorce case, what are circumstances in which wife or husband has the right to request the Court to issue a decision on implementing a health or DNA (axit deoxyribonucleic) test of the other? Is the period of cohabitation calculated in the marriage period? Is the separation period deducted from the marriage period? Is the period from the time of filing for divorce until the Court’s decision on divorce taking effect deducted from the marriage period?

According to Article 3.13 of the Law on Marriage and Family 2014, marriage period means the duration of existence of the spousal relationship, counting from the date of marriage registration to the date of marriage termination. Accordingly, a marriage is terminated in any of the following circumstances: (i) from the time of death of a…

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