When wishing to divorce, the petitioner must submit a complete and accurate divorce dossier to the Court. A divorce dossier includes documents and evidence aimed at proving the petitioner’s request. Courts have specific regulations on the types of documents required in a divorce dossier. However, not everyone is aware of these regulations. Luật Kim Bảng invites readers to refer to the following article:

1. What is a divorce dossier?

A divorce dossier consists of papers, documents, and evidence that the petitioner for divorce resolution is obligated to provide to the Court. Providing a complete dossier to the Court contributes to speeding up the process of acceptance and resolution. Currently, Courts have specific regulations on the types of documents that the petitioner must submit. Preparing the divorce dossier correctly and fully will help the acceptance process be rapid, saving time for the petitioner and avoiding situations where the Court requests supplements or returns the dossier.

A typical divorce dossier includes the following types of documents:

• Original/Copy of the Marriage Registration Certificate;
• Certified copy of documents regarding the husband and wife’s place of residence;
• Certified copy of personal identification documents of the husband and wife;
• Copy of the children’s Birth Certificates (if there is a request for Court resolution);
• Copy of documents regarding common assets and common debts (if there is a request for Court resolution);

Regarding the preparation of the dossier, the petitioner for divorce resolution has the following rights and obligations:

• Collect documents and evidence by themselves to complete the divorce dossier;
• Request agencies, organizations, or individuals currently storing or managing documents to provide documents to them;
• In cases where all measures have been taken but documents cannot be provided, request the Court to collect and verify them;
• Documents and evidence must be presented in forms recognized by law. Specifically: originals, notarized/certified copies, or documents provided/confirmed by competent agencies/organizations, audio recordings, video recordings, etc.

To prepare a divorce dossier, the petitioner for Court resolution of divorce must perform the following steps:

• Step 1: Determine the divorce case;
• Step 2: Determine the documents and evidence included in the divorce dossier;
• Step 3: Proceed to collect and prepare the divorce dossier.

For accurate advice on your specific case and divorce dossier, please contact Hotline/Zalo: 034.540.6523 for consultation.

2. Determining the divorce case

The petitioner must accurately determine the divorce case to draft the dossier for submission to the Court. This is also the basis for the Court to resolve the matter. Determining which divorce case it falls under is based on the following factors:

For cases of consensual divorce: When wishing to perform consensual divorce procedures, three conditions below must be met:

• Husband and wife truly voluntarily divorce, without being deceived or coerced;
• Husband and wife have reached an agreement on the division of common assets and common debts;
• Husband and wife have reached an agreement on the looking after, nurturing, caring for, and educating of children on the basis of ensuring the legitimate interests of the wife and children.

For cases of unilateral divorce: Contrary to consensual divorce, unilateral divorce is carried out and may stem from the following causes:

• The husband or wife does not agree to the divorce;
• The husband and wife have disputes over common assets or common debts;
• The husband and wife have disputes over the nurturing, care, and support of children after divorce.

If you have questions, please contact Luật Kim Bảng: 034.540.6523 for consultation to determine the divorce case.

Currently, Courts have regulations on the specific components of a divorce dossier. However, not everyone has the time to go to Court to find out. Therefore, Luật Kim Bảng will list the most accurate divorce dossier components to help you save time and travel costs.

Consensual divorce dossier: Consensual divorce occurs when the husband and wife have agreed to divorce and have unified on child custody, common assets, and common debts. The dossier is submitted at the place of residence of the husband or wife. The dossier includes:

• Application for recognition of consensual divorce (According to the form of the competent Court);
• Marriage Registration Certificate (Original);
• Personal identification documents of husband and wife: ID card, Citizen ID card, passport (Certified copy);
• Birth certificates of common children (if any) (Certified copy);
• Household registration book or certificate of residence of both husband and wife (Certified copy);
• Other documents and evidence regarding common assets and common debts requested for Court recognition (if any) (Certified copy).

Unilateral divorce dossier: Unilateral divorce is a case where one party requests a divorce but the other party does not agree. In other cases, when both parties agree to the divorce but have disputes regarding child custody rights, child support levels, division of common assets, or common debts. The divorce dossier is submitted at the Court where the husband or wife resides/temporarily resides or works. If the place of residence/temporary residence or work cannot be determined, it is submitted at the Court where the husband or wife currently stays. The dossier includes:

• Petition for divorce (According to the form of the competent Court);
• Marriage Registration Certificate (Original);
• Personal identification documents of husband and wife: ID card, Citizen ID card, passport (Certified copy);
• Birth certificates of common children (if any) (Certified copy);
• Household registration book or certificate of residence of both husband and wife (Certified copy);
• Other documents and evidence regarding common assets and common debts. Specifically: Land Use Rights Certificate, vehicle registration certificate, savings book, etc.

Contact Luật Kim Bảng: 034.540.6523 for advice on drafting the most accurate consensual divorce dossier!

3. Preparing the divorce dossier

The petitioner for divorce proceeds to draft the divorce petition and collects accompanying documents. Preparing the divorce dossier is very important to avoid being requested by the Court for amendments or supplements. To draft the petition, first, the petitioner must prepare the appropriate form. Please refer to the section below to know the appropriate form.

Latest consensual divorce petition form: The petition for resolution of civil matters is used according to Form No. 01-VDS issued with Resolution 04/2018/NQ-HĐTP. Currently, most district and provincial Courts also issue their own forms, so using the exact consensual divorce petition form is very important.

Latest unilateral divorce petition form: The petition for resolution of civil matters is used according to Form No. 23-DS issued with Resolution 01/2017/NQ-HĐTP. Besides, district and provincial Courts also issue their own forms, so using the exact consensual divorce petition form is very important.

Collecting the divorce dossier: Besides preparing the divorce petition, the petitioner must also prepare accompanying documents. Specifically:

• Marriage Registration Certificate: The Marriage Registration Certificate must be the original. If you lose the original, the petitioner provides a copy of the extract. The petitioner goes to the People’s Committee where the marriage was previously registered to apply for an extract.
• Documents proving place of residence: Documents regarding the residence of the husband and wife: household registration book, temporary residence book, or other valid documents proving the place of residence. The purpose is to determine which Court will have jurisdiction to resolve the case. Specifically: From January 1, 2023, Household Registration Books and Temporary Residence Books officially expired. Instead, chip-based Citizen ID cards are used. This leads many people to mistakenly believe that Citizen ID cards can replace residence documents. Nevertheless, most Courts currently still require the petitioner to submit documents proving the place of residence. Therefore, if the household registration book is revoked or there is no temporary residence book, you must go to the competent state agency to apply for a Certificate of Residence Information.
• Identification documents: These documents include: ID card, Citizen ID card, Passport. If these documents are not available, you must provide other documents. For example: Driver’s license, other identification documents issued by competent authorities, etc.
• Birth certificates of common children: When divorcing, if the husband and wife have common children, information about their full name, date of birth, and gender must be provided in the divorce petition. Accompanying that is the child’s birth certificate, showing the relationship between father, mother, and child. – In case documents like the child’s birth certificate are lost, the father and mother must apply for an extract at the civil status agency where it was previously registered; – If the child’s birth certificate only has the name of the father or mother, procedures to recognize the father/mother for the child must be performed. After that, adjust the information on the child’s birth certificate.
• Documents on common assets and common obligations: Husband and wife must provide the Court with documents on common assets and common debts when there is a request for Court resolution. These documents will be presented as documents proving ownership, usage rights, purchase and sale documents, gift documents, loan contracts, money/asset handover documents, etc.

Above are the basic documents and evidence in a divorce dossier. You can provide additional documents and evidence related to the violation of marital obligations. For example: video recordings, audio files, “vi bằng” (bailiff’s witness documents) recording events or behaviors, etc. Contact Luật Kim Bảng via Phone/Zalo: 034.540.6523 for guidance on preparing the most accurate divorce dossier!

4. Can a divorce dossier be purchased?

A divorce petition can be purchased directly at the competent People’s Court. However, the Court only provides the Divorce Petition and does not provide other related forms. Besides, going directly to the Court to buy the form causes much inconvenience, such as working far away, limited travel time, unclear Court address, or some Courts not providing the form. Understanding those difficulties, we provide online divorce petition forms at a reasonable cost. Contact Luật Kim Bảng: 034.540.6523 for advice and to buy the fastest and most accurate divorce dossier!

5. How to submit a divorce dossier at the Court?

The Civil Procedure Code 2015 stipulates 03 forms of submitting a divorce dossier. Husband and wife can choose one of the following methods to submit the divorce dossier:

• Submit the dossier directly at the competent People’s Court. This is the most popular and most guaranteed method. Because the petitioner submits the dossier directly at the Court’s Petition Receiving Department, avoiding lost or misplaced dossiers. However, not everyone can go directly to the Court to submit, usually due to work, business trips, or inability to take a break during shifts.
• Submit the dossier via postal service. The petitioner can choose Vietnam Post, Viettel Post, or other postal services to send the dossier to the Court. This method is quite convenient for the petitioner. However, there are still many cases of lost or delayed dossiers.
• Submit the dossier online via the Court’s Electronic Portal. The petitioner registers an account, connects a digital signature, and submits the dossier at the address nopdonkhoikien.toaan.gov.vn. However, this form is only performed at some Courts that provide this method.

6. Can someone else be authorized to submit the divorce dossier?

Currently, the law does not prohibit authorizing another person to represent and submit the divorce dossier at the Court. Therefore, besides being able to go directly, you can authorize us to submit the dossier at the Court on your behalf. Because submitting via postal service is not truly guaranteed in some cases, which may lead to lost dossiers or delayed resolution. Submitting the dossier directly will have a confirmation of receipt from the Court, ensuring the process is on schedule. In addition to submitting the dossier on your behalf, we can perform other tasks such as paying court fee advances and receiving Court notices, contributing to limiting the number of times you must go to the Court directly. Please contact us via Hotline/Zalo: 034.540.6523 for timely advice and support.

7. Lawyer for drafting divorce dossiers

With a team of Lawyers with many years of experience in resolving divorces, Luật Kim Bảng provides fast consensual divorce services; unilateral divorce; divorce with foreign elements; and divorce in absentia. Specifically, the scope of work Luật Kim Bảng performs is as follows:

• Advise and guide clients to prepare divorce dossiers domestically and abroad;
• Advise and draft dossiers and related documents regarding divorce;
• Receive authorization to submit dossiers to resolve divorce procedures for clients;
• Support clients in completing procedures until there is a Court judgment or decision;
• Lawyers advise and protect the legal rights and interests of clients at the competent Court;
• Advise on resolving divorce disputes;
• Advise on related legal issues.

Contact Lawyer Luật Kim Bảng – Phone/Zalo: 034.540.6523