Luật sư Nguyễn Hữu Phước

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…

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…

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…

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…

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…