Format Of Mutual Divorce Petition

SOCIALIST REPUBLIC OF VIETNAM

Independence – Liberty – Happiness

 [At][*], [date][*]  [month] [*]  [year][*]

MUTUAL DIVORCE PETITION

To: The People’s Court [*]

Full name of the husband: [*]

Address: [*]

Phone: [*] (if any)

Fax: [*] (if any)

E-mail address: [*] (if any)

Full name of the wife [*]

Address: [*]

Phone: [*] (if any)

Fax: [*] (if any)

E-mail address: [*] (if any)

We respectfully petition the People’s Court [*] to recognize matters set forth below:

1.     With respect to the marriage relation

We got married on a voluntary basis, held a wedding ceremony in accordance with traditional customs, and registered our marriage, in [year][*], at The People’s Committee of [*] Commune/Ward/Township.

During the first [*] of the marriage period, the married life of us went on in a harmonious and happy manner, we loved each other. But as of [year] [*] as yet, I and my spouse have discords regularly due to the fact that the worldview of each of us about marriage and family life is no longer consistent with such worldview of the latter. Although parents and relatives of both of us tried to persuade, encourage us to overcome disagreements in order to find a common voice, we found that the affection of husband and wife no longer exists, our common life is no longer possible and the marriage purpose is unachievable. Thus, we are really willing to divorce. We petition the Court to recognize the divorce by mutual consent.

2.     With respect to the children

During the process of common living, we have [*] common children including: The first child named [Full name] [*] – Date of birth (of the first child) [*] / [*] / [*] (and the second child named [Full name] [*] – Date of birth (of the second child) [*] / [*] / [*] (if any).

Due to the fact that the child named [*] is still a minor child, as per this divorce petition we agree to entitle Mr./ Mrs. [*] to directly raise the child named [*] after divorce, Mr./ Mrs. [*] is really willing to support such child to the time that the child named [*] reaches the mature age.

3.     With respect to the property

(i)                 During the process of common living, we have no common property. As per this divorce petition, we don’t petition the Court to settle on such matter. Or;

(ii)              Not petitioning the Court to settle on common property. Or;

(iii)            Petitioning the Court to settle on property division as follows:

(please specify the information about the common property and the petition on the property being divided).

4.     With respect to the liabilities

(Please specify the information about common obligations of husband and wife, the request for division of the liability to undertake common obligations. For example: common debt…)

Full name of the person with related rights and interests (if any) [*]

Address: [*]

Phone: [*] (if any)

Fax: [*] (if any)

E-mail address: [*] (if any)

We respectfully petition the Court to consider settling our divorce set forth above under the Laws.

List of documents and evidence attached to the divorce petitions by mutual consent includes:

1.      Identification Card (Certified accurate);

2.      The household registration book/ Them temporary residence book (Certified accurate);

3.      The marriage certificate (Original);

4.      The birth certificate (Certified accurate);

5.      Other documents evidencing the petition on the property, for example: The Certificate of Land Use Rights; The certificate of automobile and motorbike registration…

(Other information that the applicant deems it necessary for the settlement of the case) [*]

The applicant