Is the court fee joint obligation or separate obligation of husband and wife?

I want to ask the lawyers that I and my wife are defendants in a civil case. Recently, I and my wife has counter-claimed to declare the civil contract invalid. I would like to ask if the court fee is a joint obligation or a separate obligation of husband and wife. Thank you.

FDVN’s Opinions:

Thank you for sending your question to FDVN Law Firm (“FDVN”). Please kindly be advised as follows:

According to Clause 1, Article 146 of Civil Procedure Code 2015, Clause 1, Article 25 of Resolution No. 326/2016/UBTVQH14, the defendants who have made counterclaims against the plaintiffs in civil lawsuits must advance first-instance Court fees, except for cases where they are exempted from or do not have to pay Court fee advances.

A request for declaring a civil contract invalid is in the case of a non-quota civil case. The advanced first-instance Court fees are equal to the first-instance Court fee without a quota. (Clause 2, Article 7 of Resolution No. 326/2016/UBTVQH14). Currently, the first-instance Court fee in a non-quota civil case is VND 300,000.

According to Clause 3, Article 25 of Resolution No. 326/2016/UBTVQH14, in case there are many defendants in one case and each defendant makes an independent counter-claim, each defendant must advance the court fee at his/her own request. If the defendants share one counter-claim request, they must jointly pay the court fee advance.

In your case, you and your wife share one counter-claim request, you both will jointly pay the court fee advance. Thus, you and your wife will pay the court fee advance of VND 300,000.

Above is FDVN’s legal opinion on your request after studying the legal documents. We hope that this legal opinion will useful.

Lawyer Duyên Trần – FDVN Law Firm

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