LAW DIVORCE SETTLEMENT AND CONSULTANCY

Figure 1. Thinh Tri Law - Providing services on divorce counsultancy

During the divorce counseling process for clients, Thinh Tri Law received a lot of questions about the divorce procedure, how to protect their rights in the divorce process? In the following article, we will answer some of your questions about divorce.

 KEY CONTENT SUMMARY

1. Divorce forms of daccording to current law

2. Contents of divorce settlement at Court

3. Lawyers' duties when protecting clients in the divorce

4. Service provision process at Thinh Tri Law Firm, Ltd

1. 1. Forms of divorce according to current law

• According to the provisions of the Law on Marriage and Family 2014, there are currently two forms of divorce: unilateral divorce and consent divorce.
• Unilateral divorce is a form of divorce at the request of one of the spouses, who apply to the Court to request a divorce settlement without the consent of the other party. However, the law only accepts unilateral divorce if it falls into the following cases:

a) Unilateral divorce

• Unilateral divorce is a form of divorce at the request of one of the spouses, who apply to the Court to request a divorce settlement without the consent of the other party. However, the law only accepts unilateral divorce if it falls into the following cases:

• Spouses commit acts of domestic violence, serious violations of the rights and obligations of husband and wife which cause the marriage to fall into a serious stalemate and unable to live together, the purpose of marriage cannot be fulfilled.
• The court tried failed to negotiate.

b) Consensus form of divorce

• Consent to divorce is a divorce proceeding on the basis of the consent and voluntary consent of both husband and wife. They have reached an agreement on the division of property, custody of the children, the level of support for children for those who do not directly raise the children.

→ See more: How to equally divide assets after a divorce?

2. Contents of divorce settlement in Court: 

 The court will deal with the following issues

Marital relationship:

• The marriage relationship of husband and wife will terminate from the date on which the court's divorce judgment or decision takes legal effect.
• Child custody rights: The court respects the agreement of husband and wife in setting out who has the right to directly raise children, rights and obligations towards the children of the parties after the divorce.
• If the parties cannot reach an agreement and a dispute arises, the Court will settle it. According to the law, if the child is 7 years or older, the Court will consider his/her opinion.
• Division of common property: The court respects the agreement of the parties on the division of property; If the parties have a dispute in the process of property division and request the Court to settle it, the Court will settle it according to the provisions of law.

3.  Lawyers' work when protecting clients in the divorce process

 
Image 2. Lawyers' duties when protecting clients in the divorce 

• Lawyers provide legal advice on divorce issues

• Consulting on legal provisions related to the right to divorce of husband and wife;
• Counseling on the conditions for the father, mother of other relatives of the husband and wife to file a petition to request the Court to settle the divorce;
• Consulting the legal regulations on 02 forms of divorce: unilateral divorce, consent divorce;
• Consulting the procedures for divorce proceedings, depending on the client's circumstances, the lawyer will advise whether to divorce by consent or unilaterally. Each form of divorce will have different procedures and documents;
• Advice on time to settle a divorce in accordance with the law;
• Advice on the principles of property division, child custody rights, child support levels in accordance with the law;
• Answer questions that customers encounter during the divorce process.

→ Read more:  What to know about divorce 

• Lawyers to advise on dispute resolution of divorce

• Conduct consultations on current legal provisions related to the bases for determining common and separate property of husband and wife during the marriage period;
• Advice on resolving property disputes of husband and wife in the divorce process;
• Consult about the plan of property division of husband and wife during the marriage period on the basis of the debt repayment obligations of husband and wife to third parties (borrowing money from individuals; borrowing money from banks; borrowing money from other organizations);
• Consulting on property disputes that are land use rights, houses, and properties attached to the land of husband and wife after divorce;
• Consult about solving the problem of division of common property of husband and wife related to production and business operation;
• Consult about the provisions of the law related to child care, child education, options for child support allowance after divorce, to best protect the interests of children;
• Advise about the conditions for husband and wife to be decided by the Court to directly raise their children;
• Advice about processes, procedures and documents when conducting a unilateral divorce.
• Lawyers participating in divorce settlement with clients at Court Lawyers join clients at Court throughout the divorce settlement process;
• The lawyer receives the client's authorization, represents the client to participate in the settlement of divorce case disputes at Court;
• Lawyers will protect clients' legitimate rights and interests at Court.

• Note: Lawyers only represent clients in Court when they receive the client's authorization in the property dispute in divorce. As for issues related to the identity of the couple, it is not allowed to authorize another person to participate in the proceedings, except for cases where the spouse has lost the capacity for civil acts, suffers from other diseases that cannot be adjusted. If they can control their own behavior, being victims of domestic violence, their parents or relatives request the Court to settle a divorce to protect their legitimate interests.

4. Process of providing services at Thinh Tri Law Firm 

• Step 1: Receive the customer's request and documents and records related to the case
• Step 2: The lawyer receives the case, the legal consultant will report the service fee to the client in case the lawyer thinks that he can support the client's request.
• Step 3: Thinh Tri Law and the client will sign a legal service contract and pay the fee as agreed
• Step 4: Professional lawyers will be in charge of reading case files and documents; providing customers with solutions that can be handled (for example, consulting on the above mentioned problems). At the same time, the lawyers advise customers to understand the advantages and limitations of each option and perform the work as agreed in the contract.

More articles:
→ Cases of prohibited marriage under current law.
→ Things to know about before and after marriage.
→ How to determine the common property of husband and wife during marriage.
→ Procedures for amicable divorce with foreigners.

• In the above article, Thinh Tri Law has presented some characteristics of the legal consulting services related to divorce. If customers have difficulty in divorce procedure, please contact:

THINH TRI LAW LIMITED LIABILITY

Hotline: 1800 6365