The case of requesting a divorce by mutual consent is a civil settlement, therefore, based on Clause 2 and 3, Article 362 of the Civil Procedure Code 2015, the divorce petition by mutual consent must have the following contents:
2. The petition must have the following main contents:
a) Date of making the petition;
b) Name of the court with jurisdiction to settle the civil matter;
c) Name, address; phone number, fax, email address (if any) of the petitioner;
d) The specific issues that the petitioner requests the court to settle and the reasons, purposes, and grounds for requesting the court to settle that civil matter;
đ) Name, address of the persons related to the settlement of that civil matter (if any);
e) Other information that the petitioner deems necessary for the settlement of his/her request;
g) The petitioner who is an individual must sign or fingerprint, if it is an agency or organization, the legal representative of that agency or organization must sign and seal at the end of the petition; in case the petitioner is an enterprise, the use of the seal shall be implemented in accordance with the Law on Enterprises.
3. Along with the petition, the petitioner must send documents and evidence to prove that his/her request is grounded and lawful.
The parties can download the petition form for settling the divorce by mutual consent stipulated in Resolution 04/2018/NQ-HDTP dated August 9, 2018 of the Judicial Council of the Supreme People’s Court at the attached link below.
When drafting a divorce petition by mutual consent, the parties need to provide the following information for the court to 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. Specifying the agreement on 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 the agreement on dividing the common property.
(v). The common debt (if any): the common debts and the agreement on resolving the common debt.
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