April 25, 2024

Divorce

Question 95: In a divorce case, if there are important information and documents related to the resolution of the case that is neither provided to the Court by the plaintiff – husband or wife – nor collected by the Court, should these documents be regarded as evidence for the Court to consider?

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Evidence in a divorce case is defined in Article 93 of the Civil Proceedings Code 2015. Accordingly, evidence is real things which are delivered or shown by the spouses and other entities to the Court during the proceedings or collected by the Court in accordance with the order and procedures as stipulated by the law….

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Question 94: In a divorce case, will all information, documents and evidence provided by the spouses to the Court be considered confidential and if yes, shall the Court be obliged to keep it confidential? If yes and in the event of damage compensation if such confidential information is leaked outside in any form, will the Court pay compensation to the victims?

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In the divorce case, will all information, documents and evidence provided by the spouses to the Court be considered confidential and if yes, shall the Court be obliged to keep it confidential? Currently, there is no provision in the Civil Proceedings Code which states that information from the documents and evidence provided by the spouses…

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Question 93: Is the litigant entitled to submit evidence as documents in ethnic minority languages or foreign languages?

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According to the regulations of the Civil Proceedings Law, the spouses have the right to submit evidence and documents in ethnic minority languages ​​or foreign languages ​​to the Court, even if the language to be used in civil proceedings remains Vietnamese[3]. Therefore, the spouses who submit documents and evidence drafted in ethnic minority languages ​​or…

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Question 92: How is the term “living as spouses” in proving one’s act of adultery be understood correctly under the law?

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Commonly, adultery is understood in many different aspects. Sometimes adultery only refers to the love affair arising outside of the current love relationship. Other times, adultery can be seen as unrequited love in the form of “adultery in thought”. This is the lowest level of adultery and escalate to the level of having non-marital sex….

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Question 91: Does the plaintiff in a divorce case have the right to request the Court for the revocation of documents provided by him or her but found to be false by the Court or there is an allegation that they are false?

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It is not rare for divorce cases to face situations where the plaintiff has provided the Court with evidence which is intentionally or unintentionally falsified. Of course, this falsified evidence will not be considered as acceptable evidence, as they should have had to be true under the law[3]. In these cases, the law allows the…

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Question 90: Which document is considered to be evidence under the Civil Proceedings Code? Can a text message or a photograph of one’s inappropriate affair with someone be considered as evidence of adultery?

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Which document is considered to be evidence under the Civil Proceedings Code? Evidence is an indispensable part of every divorce case to clarify the objective truth and to be the basis of proving the spouses’ requests are legitimate. One of the most common sources of evidence today is documents provided to the Court by the…

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Question 88: In a divorce case, who will be obliged to prove that the requests are grounded and legitimate? Plaintiff, defendant, third party or the Court?

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According to the provisions of the Civil Proceedings Code 2015, any spouse, who makes a request in order to be considered and accepted by the Court, is obliged to prove that his or her request is grounded and lawful[3]. There are a few exceptions related to labour cases or consumer protection that employers or commodity…

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Question 87: The division of properties in the divorce case of the spouses, especially the real estate and the movable properties which already completed the registration fee according to the requirements of the law, is that required to pay any taxes, fees and charges? How much is the rate of payment?

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Currently, the income from the division of common properties of the spouses as real estate upon divorce is agreed upon by the spouses or in accordance with the Court’s judgement. The income from the division of common poperty is entitled to personal income tax exemption according to the Law on Personal Income Tax and its…

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Question 86: When resolving a divorce, there are common properties of the spouses that need valuation but the spouses cannot always reach an agreement on the value of the properties and/or the selection of an appraisal property service provider. Does the Court have the right to appoint a third party to provide appraisal property service or is this option only available to the Court if requested by either or both spouses? If the Court is entitled to appoint, upon request, who shall pay this appraisal fee?

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The valuation of the common properties of the spouses during the divorce is based on the agreement which is firstly and reasonably unified upon by the spouses, based on the market price at the time of agreement and not aiming at avoiding any other obligations with third parties, including obligations to the State. If the…

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