COST OF UNILATERAL DIVORCE - OTIS LAWYERS

When married life is no longer perfect, many couples go to divorce, including many cases of unilateral divorce. One of the issues that every couple is concerned about when divorcing is how much a unilateral divorce costs. Below, OTIS LAWYERS will mention some cost of unilateral divorce that husband and wife must pay.

Legal basis

Law on Marriage and Family 2014

Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 on court costs and fees and remission, collection, payment, management and use thereof 

Divorce court fees

Clause 14, Article 3 of the 2014 Law on Marriage and Family stipulates:

“Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.”

Unilateral divorce and mutual consent divorce

According to the provisions of the 2014 Law on Marriage and Family, there are two ways to divorce: divorce by mutual consent and unilateral divorce (divorce at the request of one spouse).

Divorce by mutual consent: In case husband and wife both request a divorce, if it is deemed that both parties truly voluntarily divorce and have agreed on property division, custody, upbringing, care and education of children. On the basis of ensuring the legitimate rights of the wife and children, the Court recognizes the divorce by mutual consent; If no agreement can be reached or there is an agreement but does not ensure the legitimate rights of the wife and children, the Court will resolve the divorce.

Unilateral divorce: is a divorce at the request of one party if there are grounds that the spouse has committed domestic violence or seriously violated the rights and obligations of the spouse, causing the marriage to fall into disrepair. The condition is serious, life together cannot last, and the purpose of marriage is not achieved. Or in case one party is declared missing by the Court, the other party has the right to request a divorce.

Unlike an uncontested divorce, which is agreed upon by both parties, a unilateral divorce is only a request from one party and the other party does not agree. Therefore, many disputes will arise regarding division of common property, child custody, etc.

Divorce court fees according to current regulations

According to the provisions of Resolution 326/2016/UBTVQH14, court fees in marriage and family cases are divided into those with and without quotas.

In which there is no quota, it is a case in which the litigant's request is not a monetary amount or cannot be valued in a specific amount of money; Valuable is a case in which the litigant's request is an amount of money or property that can be determined in a specific amount of money.

Specifically:

The civil appeal court fee is 300,000 VND.

If the divorce request is resolved according to simplified procedures. The couple must pay a court fee equal to 50% of the above court fee.

Court fees and cost of unilateral divorce - who must pay?

According to the provisions of Article 147 of the 2015 Civil Procedure Code, in a divorce case, the plaintiff must pay first instance court fees regardless of whether the Court accepts or does not accept the plaintiff's request. In case both parties agree to divorce, each party must bear half of the first instance court fee. If there is an appeal, the Court of Appeal upholds the appeal's first instance judgment or decision, except in cases where the appeal court fee is exempted or not required.

In case of divorce, the court fee is reduced

According to the provisions of Article 13 of Resolution 326/2016/UBTVQH14, a person who must pay court fees can receive a 50% reduction from the Court on the court fee advance, court fee, court fee advance, and court fee that that person receives. payable, if that person encounters a force majeure event that results in not having enough assets to pay court fee advances, court fees, court fee advances, and court fees certified by the Commune People's Committee. where that person resides.

To receive a reduction in court fees, husband and wife must submit an application with all of the following information:

• Date, month, year of application;
• Full name, address of the applicant;
• Reasons and grounds for requesting exemption or reduction.

Divorce consulting service of OTIS LAWYERS

Above is our advice on the cost of unilateral divorce. We hope that this will be a useful reference source for readers when they want to learn about the law on divorce. OTIS LAWYERS is always proud to be a professional unit in the field of divorce consulting. With a team of highly specialized lawyers, extensive experience and dedication to our customers, we believe we will provide our customers with the best, most professional service at a reasonable cost and time. Complete the procedure as quickly as possible. We commit that all customer information is absolutely confidential and customer interests are always put first.

We provide our customers with consulting services:

• Consulting and analyzing the legal basis and legal regulations related to the divorce process.
• Consulting on forms of divorce (sue for unilateral divorce or mutual consent), process and implementation time to protect rights;
• Consulting on writing divorce petitions and guidance on divorce procedures at court;
• Advice on necessary documents to file for divorce.
• Prepare the necessary evidence. Instructions for preparing favorable evidence before the Court;
• Consulting on dispute resolution when dividing property in divorce and child custody
• Representing to make complaints and protect rights before competent authorities

For any questions or comments, please contact:

OTIS AND PARTNERS LAW FIRM

Office address: K28 - Group K, Lane 68 Trung Kinh, Yen Hoa Ward, Cau Giay District, Hanoi

Email: [email protected]

Hotline: 0987748111