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Distinguishing consensual divorce and unilateral divorce is a question that many customers and readers have wondered. Divorce is the termination of the marriage relationship between husband and wife. Currently, there are two types of divorce: unilateral and consensual. So how are these two forms different and similar? Below, OTIS LAWYERS will share with readers how to distinguish the two types of divorce above.
What is the difference between a consensual divorce and a unilateral divorce?
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
This is the definition detailed in Clause 14, Article 3 of the Law on Marriage and Family. Thus, a divorce must have a legally effective judgment or decision of the Court to take effect, and the marriage relationship will officially end.
Consensual divorce
According to Article 55 of the Law on Marriage and Family, a consensual divorce is defined as follows:
In the case where husband and wife jointly request a divorce, if it is found that the two parties really voluntarily divorce and have agreed on property division, the care, rearing, care and education of children on the basis of assurance legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; if no agreement is reached or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce.
Unilateral divorce
Article 56 of the Law on Marriage and Family stipulates that this is a form of divorce at the request of one party:
When a spouse requests a divorce but the conciliation at the Court is unsuccessful, the Court shall grant the divorce if there are grounds that the spouse has committed domestic violence or seriously violated the rights and obligations of the spouse. husband and wife make the marriage fall into a serious condition, life together cannot be prolonged, the purpose of marriage cannot be achieved.
Similarities Between Consensual Divorce and Unilateral Divorce
From these definitions, it can be seen that the similarities between these two forms of divorce include:
-- This is an act of wanting to end the marriage and family relationship between husband and wife.
– Only when an application is submitted to the Court and received a document (a legally effective decision or judgment of the Court) will the divorce be completed and the marriage relationship between husband and wife will be completely terminated.
– Court fees for divorce in general, if there is no value, are all 300,000 VND. If there is a value, then it is based on the property value (the lowest is 300,000 VND, the highest is 112 million VND + 0.1% of the value of the property exceed 04 billion Dong).
What is the difference between a consensual divorce and a unilateral divorce?
In addition to the similar characteristics, basically, unilateral divorce and consensual divorce are two completely different forms. Some of these features include the following:
| Criterion | Unilateral divorce | Consensual divorce |
| Legal grounds | Article 56 of the Law on Marriage and Family | Article 55 of the Law on Marriage and Family |
| Definition | Unilateral divorce is when one of the spouses requests the Court to terminate the marital relationship when the marriage falls into a serious state, the common life cannot be prolonged, the marital purpose cannot be achieved. | An uncontested divorce is when a husband and wife voluntarily divorce and have reached an agreement on property division, child rearing, etc… |
| The essence | Civil case | Civil matter |
| Divorce claimant | – Wife or husband – Parents, other relatives if one party suffers from mental illness or suffers from another disease that is unable to perceive and control the behavior and is a victim of domestic violence caused by the other person. | Both husband and wife ask for a divorce |
| Dossier | – Unilateral divorce application – Marriage registration – Identification – Birth certificate of children (if any), papers on property (if any) ... | – Application for consensual divorce – Marriage registration – Identification – Birth certificate of children (if any), papers on property (if any) ... |
| Jurisdiction | The district-level People's Court where the person being unilaterally requested for a divorce resides or works. If there is a foreign element, it will be done by the People's Court of the province | The district court of the place of residence of the wife or husband by agreement |
| Time | 04 - 06 months | 02 - 03 months. According to the shortened procedure, it is about 30 days |
| Results | Divorce judgment | Divorce decision |
The above are the criteria to distinguish between consensual divorce and unilateral divorce. To understand more, you can contact us at the address below for detailed answers and advice.
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
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