In marriage and family relations; between husband, wife, father, mother, children always have conflicts, conflicts, if to the point that they cannot reconcile by themselves, they will ask the Court to settle. However, like other civil cases, when there are requirements on marriage and family such as divorce, change of child custodian, child support, etc., the involved parties are obliged to temporarily pay court fees. and court fees.
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Legal grounds:
Law on Marriage and Family 2014;
Resolution No. 326/2016/UBTVQH14 stipulating the rates of collection, exemption, reduction, collection, payment, management and use of court fees and charges.
In order for a divorce request to be accepted by the Court, we need to collect evidence to prove that our request is grounded and lawful to show that our marriage is serious and our cohabitation cannot last. , the purpose of marriage is not achieved. .
Evidence to prove it can be the confirmation and testimony of neighbors, videos, audio recordings of violence, quarrels, etc. Need to be collected and submitted to the Court for consideration by the Court , accept the divorce request.
– Procedures for unilateral divorce:
An application for a unilateral divorce includes:
– Applications for divorce;
– The original certificate of marriage registration;
– Copy of permanent residence, temporary residence of husband and wife
– Copy of National ID card or passport copy of husband and wife
Documents proving property: Certificate of land use right, house ownership (if any)…
– A copy of the child’s birth certificate
– Jurisdiction: The People’s Court of the district where your sister’s husband is residing or working.
– Time to prepare for trial: Up to 4-6 months.
– Court fee: The first-instance court fee is 300,000 VND if there is no dispute over property. If there is a dispute over property, the court fees are classified as follows:
First-instance civil court costs:
- For civil, marriage and family disputes, labor without quota: 300,000 VND
- For civil, marriage and family disputes with a value:
+ From 6,000,000 VND or less: 300,000 VND
+ From over 6,000,000 VND to 400,000,000 VND: 5% of the disputed property value
+ From over 400,000,000 VND to 800,000,000 VND: 20,000. 000 VND + 4% of the disputed property value exceeding 400,000,000 VND
+ From over VND 800,000,000 to VND 2,000,000,000: VND 36,000,000 + 3% of the disputed property value exceeding VND 800,000,000
+ From over 2,000,000,000 VND to 4,000,000,000 VND: 72,000,000 VND + 2% of the disputed property value exceeding 2,000,000,000 VND
+ From over VND 4,000,000,000: VND 112,000,000 + 0.1% of the value of the disputed property exceeding VND 4,000,000,000.
Note: Regarding the divorce petition form, you can go to the Court where the documents will be filed to buy and then fill out the form.
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