Divorce Lawyers in Da Nang, Vietnam

1. The Role of Lawyers in Divorce in Danang

Divorce is always an emotionally stressful and challenging process, but it can go more smoothly and amicably with the assistance of knowledgeable professionals like lawyers.

In the divorce process in Vietnam, attorneys contribute their legal knowledge from the beginning to mediation or the Trials in Court. They help clients understand their rights and duties by offering them priceless advice and support. Lawyers can clarify the legal ramifications of different choices, enabling people to make well-informed decisions that serve their best interests.

Selecting a lawyer with expertise in divorce is crucial if you're considering going through it. They will possess the requisite knowledge and expertise.

While it's possible to handle divorce agreements without legal intervention, several situations warrant professional advice:

Child Custody Disputes: Legal guidance is essential when disagreements arise over child custody arrangements.

Spousal Payment Arrangements: Dividing assets and property can be contentious. A lawyer ensures fair distribution.

International Spouses: If your spouse lives abroad, legal assistance becomes crucial.

Rights Protection: Lawyers safeguard your rights throughout the process.

2. Understanding the Divorce Process in Vietnam

Grounds for Divorce: There are two solutions for Divorce in Vietnam:

a. Divorce by mutual consent: Wife and Husband mutually agree to end the marriage, and they totally agree with each other about ending their marriage, child(ren), debt (if any), property(ies) (if any)

b. Divorce at the request of one spouse: One spouse can file for Divorce if they find other adultery, engaged in abusive behavior, or committed other serious offenses that make the continuation of the marriage intolerable

3. The process at the Court

Step 1: Filing a divorce petition and preparing other related documents:

The parties must prepare the documents as follows:

1) The Petition, which must be filled out by the wife and husband or wife/husband; this form is according to the Law of Vietnam.

2) The Marriage Registration Certificate (certified copy);

3) The certified copy of passport or Identification;

4) The Certification of residence;

5) The Birth Registration Certificate (certified copy);

6) The documents relating to the Debts (if any);

7) The documents relating to the Properties (if any).

Please note that the Vietnamese notary must translate and certify the foreign documents.

The Dossier can be submitted directly in person or by post to the Court.

Step 2: Paying the Court's fee

The Court will consider the Petition and related documents. If the Dossier meets all the conditions to accept jurisdiction, the Judge will issue a Notification requesting payment of the Court's advance. The parties must pay the fee in aCourt'swithin 7 days from the day the Notification is issued.

If other information or documents are needed, the parties must provide these documents to the Court for their study and consideration. If parties cannot provide such documents to submit late, the Court will refuse the Petition.

Step 3: Attending mediation sessions and reaching a settlement agreement (if any)

After the Court's fee is paid in advance, the Judge will open at least two mediation meetings for the parties. In case parties agree with each other totally in all aspects, such as ending their marriage, children, debt, or properties, the Judge will issue the Decision of Recognition of the Agreement.

If one spouse can not agree with the other about the factors in their case, the Judge will open the Trial to make the Decision.

Step 4: Attending the Trials:

The Judge will organize two Trials, and parties are requested to attend. In the Trials, the parties can also discuss their marriage, children, debt, or properties with each other. The Court can recognize tCourtagreement at the Trials. If parties do not have the same opinions, the Board of Trials will decide the case based on their opinions, proofs, and documents in the Petition.

The Vietnam divorce process takes three to 12 months or longer, depending on each party's cooperation. If one party lives outside Vietnam, the process may take longer and more complicated because the Court must send all documents/Notifications to the party's residence address in their county through the competent agency of the foreign country. This process may take nine months to 12 months.

4. Property Division in Divorce in Vietnam

Vietnam follows the standard of evenhanded circulation, where conjugal resources and obligations are split decently yet not guaranteed to rise between the companions. This cycle considers factors like the span of the marriage, every companion's commitment to the marriage, and individual monetary conditions.

5. Child Custody

When making custody decisions in child-related disputes, the Court considers the child's best interests first and foremost. Depending on certain considerations, the Court may decide to grant sole or joint custody. The child's needs and the parent's financial situation are also taken into account while calculating child support.

See more: Child Custody in Vietnam 

6. Conclusion

Navigating Divorce requires professional guidance. Consult reputable lawyers in Da Nang to protect your rights and achieve a fair resolution. Remember that legal matters are intricate and personalized advice is essential. If you are looking for reliable and experienced Lawyers for your Divorce, you can contact DB Legal.

DB Legal Lawyers is a leading law firm specializing in family law, Divorce, and child custody in Vietnam.

Our team of knowledgeable and experienced attorneys can help you quickly and peacefully resolve your divorce-related concerns. We can also offer you individualized, thorough legal counsel and assistance at every stage of the procedure.

DB Legal is dedicated to assisting you in getting the most out of your Divorce.

 

This information contained herein is of a general nature and is intended to provide updates on the Laws for information purposes only. DB Legal shall not be liable for any use or application of the information for any business purpose.

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