According to the law, the spouses participating in the proceedings at the Court have the right to “be informed and take notes or photocopy documents and evidence presented by other spouse”[4]. Furthermore, the litigant is also required to send the other litigants a photocopy of the petition, documents and evidence[5], with the exception of any document which is not publicly disclosable according to the applicable law[6].
It can be seen that the litigants are firstly obliged to provide necessary documents for the protection of their legitimate rights and interests or for proving at the request of the Court. However, the litigants are also required to notify or provide the other spouses with copies of documents and evidence provided to the Court for ensuring the others’ rights. In the case where one spouse violates his or her obligation to provide copies of evidence and documents to the other spouse, the Court will allow the other spouse to access, copy, and photograph the documents, and evidence held by the Court in order to facilitate the process of resolving the divorce case.
In exceptional
cases, the Court will not request the litigant
to provide evidence that he or she has to other litigants. The Court may also not allow the litigant access a number of documents and
evidence of the case such as documents related to State secrets, business
documents, family secrets, etc., at the reasonable request of a litigant but
still remains the obligation of notifying which
documents, evidence are not allowed to disclose publicly in the process of resolving
a divorce case.
[4] Article 70.8 of the Civil Proceedings Code 2015.
[5] Article 70.9 of the Civil Proceedings Code 2015.
[6] Article 109.2 of the Civil Proceedings Code 2015.
If you would like more information on how we can assist you with divorce issues, please contact us at: +84 (28) 36223522 or email us at info@phuoc-partner.com