Latest divorce petition form 2025

Latest divorce petition form 2025

Below is the latest divorce petition form in 2025 that spouses intending to separate can refer to as follows:

DOWNLOAD Latest divorce application form 2025.

- Regarding the applicant's information: Fill in full information including: Full name; Date of birth; Current residence (recorded according to the household registration book or temporary residence book)/

- Information of the applicant's Spouse: Full name of the Spouse; information about the date of birth and current residence of the Spouse must be clearly stated.

- Marriage registration information: Record the exact time of marriage registration and place of marriage registration according to the marriage certificate issued by the competent authority.

- Marital status information: Clearly states information about the marital status of the couple, which may include:

+ Husband/wife often commits domestic violence.

+ Husband/wife commits adultery, promises to end it many times but still continues the behavior.

+ Husband and wife often argue and cannot find common ground in marriage.

+ Husband/wife conflict about child care, daily expenses, etc.

- Reason for wanting to separate: It is necessary to clearly state the reason why the couple wants to live separately at the present time, for example:

+ Both sides need to rethink their married life.

+ Each side needs time and private space to look at themselves and understand the other more….

+ To minimize the level of conflict, controversy….

- Regarding the separation period: The separation period will be agreed upon by both spouses. In case the starting time is not specified, the separation procedure will take effect from the date both parties sign the papers.

How long does it take to get a divorce after separation?

The 2014 Law on Marriage and Family and other relevant legal documents do not have regulations on how long the separation must last before a divorce can be granted.

However, the 2014 Law on Marriage and Family provides for divorce as follows:

According to Article 51 of the 2014 Law on Marriage and Family, the right to request divorce settlement is stipulated as follows:

Right to request divorce settlement

1. The wife, husband or both have the right to request the Court to settle the divorce.

2. Fathers, mothers, and other relatives have the right to request the Court to resolve a divorce when one spouse, due to mental illness or other illness, cannot perceive or control his or her behavior, and is also a victim of domestic violence caused by their husband or wife, seriously affecting their life, health, and spirit.

3. The husband does not have the right to request a divorce if his wife is pregnant, giving birth or raising a child under 12 months old.

So,In principle, the wife, husband or both have the right to request the Court to resolve the divorce (ie unilateral divorce - divorce at the request of one party and consensual divorce).

Note: The husband does not have the right to request a divorce if the wife is pregnant, giving birth or raising a child under 12 months old.

In addition, fathers, mothers, and other relatives have the right to request the Court to resolve a divorce when one spouse, due to mental illness or other illness, cannot perceive or control his or her behavior, and is also a victim of domestic violence caused by their husband or wife, seriously affecting their life, health, and spirit.

In addition, according to Article 56 of the 2014 Law on Marriage and Family, it is stipulated as follows:

Divorce at the request of one party

1. When a husband or wife requests a divorce and conciliation at the Court fails, the Court shall grant the divorce if there is a basis that the husband or wife has committed an act of domestic violence or seriously violated the rights and obligations of the husband or wife, causing the marriage to fall into a serious situation, the common life cannot be prolonged, and the purpose of the marriage cannot be achieved.

2. In case the wife or husband of the person declared missing by the Court requests a divorce, the Court shall grant the divorce.

3. In case of a request for divorce as prescribed in Clause 2, Article 51 of this Law, the Court shall grant the divorce if there is a basis to believe that the husband or wife has committed an act of domestic violence that seriously affects the life, health, and spirit of the other.

At the same time, pursuant to Article 55 of the 2014 Law on Marriage and Family, it is stipulated as follows:

Divorce by mutual consent

In case both husband and wife request a divorce, if it is found that both parties truly voluntarily divorce and have agreed on the division of property, the care, upbringing, care and education of children on the basis of ensuring the legitimate rights of the wife and children, the Court shall recognize the divorce by mutual consent; if no agreement is reached or there is an agreement but it does not ensure the legitimate rights of the wife and children, the Court shall resolve the divorce.

So,It can be seen that the law does not have any regulations on separation or how long it takes to divorce. Therefore, separation will not determine or affect the time of divorce. Husband and wife can divorce according to:

+ Divorce by mutual consent:If the parties voluntarily divorce and have agreed on the division of property, the care, upbringing, care and education of the children on the basis of ensuring the legitimate rights of the wife and children, the Court will recognize the divorce by mutual consent; if no agreement is reached or there is an agreement but it does not ensure the legitimate rights of the wife and children, the Court will resolve the divorce.

+ Unilateral divorce:If there is reason to believe that the husband or wife has committed domestic violence or seriously violated the rights and obligations of the husband and wife, causing the marriage to fall into a serious situation, the common life cannot be prolonged, and the purpose of the marriage cannot be achieved.

Can I date someone else when I am separated?

Pursuant to Article 57 of the 2014 Law on Marriage and Family, it is stipulated as follows:

Time of termination of marriage and responsibility for sending divorce judgment and decision

1. The marriage relationship ends from the date the Court's divorce judgment or decision takes legal effect.

2. The court that has resolved the divorce must send the legally effective divorce judgment or decision to the agency that performed the marriage registration for recording in the family register; the two divorcing parties; other individuals, agencies, and organizations as prescribed by the Civil Procedure Code and other relevant laws.

So,The marriage relationship ends from the date the court's divorce judgment or decision takes legal effect.

At the same time, according to Clause 2, Article 5 of the 2014 Law on Marriage and Family, the protection of the marriage and family regime is stipulated as follows:

Protection of marriage and family regime

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2. The following acts are prohibited:

a) Shameful marriage, sham divorce;

b) Early marriage, forced marriage, fraudulent marriage, and obstruction of marriage;

c) A married person who marries or lives with another person as husband and wife, or an unmarried person who marries or lives with a married person as husband and wife;

d) Marriage or cohabitation as husband and wife between people of the same bloodline; between relatives within three generations; between adoptive parents and adopted children; between former adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and wife's stepchild, stepmother and husband's stepchild;

...

So,Separation does not end the marriage between husband and wife. If you get to know someone else during the separation periodto marry or live togetherBeing married to another person is considered a violation of the prohibition of the Law on Marriage and Family 2014.

At the same time, this act may be subject to administrative sanctions according to Article 59 of Decree 82/2020/ND-CP, specifically:

1. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:

a) Having a wife or husband but marrying another person, not having a wife or husband but marrying a person that one clearly knows is married;

b) Having a wife or husband but living with another person as husband and wife;

c) Not having a wife or husband but living as husband and wife with someone whom one clearly knows is married;

d) Marriage or cohabitation as husband and wife between a person who used to be a foster parent and an adopted child, a father-in-law and a daughter-in-law, a mother-in-law and a son-in-law, a stepfather and his wife's stepchild, or a stepmother and her husband's stepchild;

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