Luật sư Nguyễn Hữu Phước

To which Court – level and territorial jurisdiction, may a Vietnamese person submit a divorce petition? Under the provisions of the Civil Proceedings Law, State agencies competent to settle divorce procedures for spouses being Vietnamese are determined as follows: Case 01: Both spouses request a divorce by mutual consent Both spouses requesting for a divorce…

Submiting a divorce petition via post In many cases, the geographical distance between the competent Court and the current domicile of the spouse makes it difficult for the plaintiff to directly submit the divorce petition. To overcome this issue, the Civil Proceedings Code 2015 has adjusted the provisions on the form of filing lawsuits through…

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…

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…

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…