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The latest divorce lawsuit form (or unilateral divorce)

14-07-23 MTParners

Based on the provisions of Clause 4 and 5, Article 189 of the Civil Procedure Code 2015, the divorce lawsuit must have the following contents:

4. The lawsuit must have the following main contents:

a) Date of filing the lawsuit;

b) Name of the court receiving the lawsuit;

c) Name, place of residence, work of the plaintiff who is an individual or headquarters of the plaintiff who is an agency or organization; phone number, fax and email address (if any).

In case the parties agree on the address for the court to contact, specify that address;

d) Name, place of residence, work of the person who has the right and interest to be protected who is an individual or headquarters of the person who has the right and interest to be protected who is an agency or organization; phone number, fax and email address (if any);

đ) Name, place of residence, work of the defendant who is an individual or headquarters of the defendant who is an agency or organization; phone number, fax and email address (if any). In case the place of residence, work or headquarters of the defendant is unknown, specify the address of the last place of residence, work or place of headquarters of the defendant;

e) Name, place of residence, work of the person who has the related rights and obligations who is an individual or headquarters of the person who has the related rights and obligations who is an agency or organization; phone number, fax and email address (if any)

In case the place of residence, work or headquarters of the person who has the related rights and obligations is unknown, specify the address of the last place of residence, work or place of headquarters of the person who has the related rights and obligations;

g) The legitimate rights and interests of the plaintiff that are infringed; the specific issues that the plaintiff requests the court to settle with the defendant, the person who has the related rights and obligations;

h) Name, address of the witness (if any);

i) List of documents and evidence attached to the lawsuit.

5. Along with the lawsuit, there must be documents and evidence proving the infringement of the legitimate rights and interests of the plaintiff. In case the plaintiff cannot submit all the documents and evidence attached to the lawsuit for objective reasons, they must submit the available documents and evidence to prove the infringement of the legitimate rights and interests of the plaintiff. The plaintiff shall supplement or submit additional documents and evidence as required by the court during the settlement of the case.

The parties can download the divorce lawsuit form stipulated in Resolution No. 01/2017/NQ-HDTP dated January 13, 2017 of the Judicial Council of the Supreme People’s Court at the attached link below.

https://www.mtpartners.vn/wp-content/uploads/2023/07/Mau-don-khoi-kien-ly-hon-2023.docx

When drafting a divorce lawsuit, the parties need to provide the following information for the court to accept and resolve the case completely:

(i). The basis for marriage: according to the marriage registration certificate number dated when? Registered where?

(ii). The current marital status: do they live together or not? How is the current relationship?

(iii). The common children (if any): full name and date of birth, along with the information of the birth certificate. Specify the request for dividing child custody, the level of support of the person who does not directly raise the child.

(iv). The common property (if any): describing the common property and request for dividing the common property.

(v). The common debt (if any): the common debts and request for resolving the common debt.

MT & Partners hope that the article will bring useful knowledge to our readers.

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