Please advise me, my parents have been recognized by the Court to divorce by mutual consent. Now, can my mother wishes to change the content of the agreement?
Thank you for trusting and sending your requests that need to be consulted to FDVN Law Firm (“FDVN”). For your requests, after researching the legal provisions, we would like to send you some references as follows:
During the process of settling a divorce by mutual consent, the Court will conduct mediation to reunite the wife and husband. In the event of unsuccessful mediation, the Judge shall issue a decision recognizing the divorce and the agreement of parties. According to Article 212 of Civil Procedure Code 2015, upon the expiry of the 07-day time limit after making the records on successful mediation, if no parties change their opinions on such agreement, the presiding Judge of the mediation session or another Judge who has been assigned by the court’s Chief Justice shall issue a decision recognizing the agreement of the involved parties.
In addition, pursuant to Article 213 of the Civil Procedure Code 2015, the decisions to recognize the involved parties’ agreement shall take effect immediately after they are issued and not appealed against by the appellate procedures. The decisions to recognize the involved parties’ agreement can only be appealed against by the cassation procedures if there are grounds to believe that such agreement were reached as a result of mistakes, deceptions, initimidation, force or they contravene the law or social ethics.
Therefore, based on the above provisions, parties can only change their opinions on divorce by mutual consent within 07 days from the date of making the records on successful mediation. After this time limit, the Judge who presides over the mediation session shall issue a decision recognizing the agreement of the involved parties and this Decision shall take effect immediately and cannot be appealed against by the appellate procedures. In case there are grounds to prove that such agreement were reached as a result of mistakes, deceptions, intimidation, force or they contravene the law or social ethics, the involved parties can protest by cassation procedures to review the decision on recognition of the effective agreement of the involved parties.
Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.
Attorney Duyên Trần – FDVN Law Firm
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
56A Dien Bien Phu, Hue City, Thua Thien Hue
Lawyers in Ho Chi Minh City:
No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City
Lawyers in Ha Noi:
Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi
Lawyers in Nghe An:
No. 19 V.I Lenin street, Vinh City, Nghe An Province
National Highway 1A, Quynh Xuan Ward, Hoang Mai Town, Nghe An Province.
Website: www.fdvn.vn www.fdvnlawfirm.vn www.diendanngheluat.vn www.tuvanphapluatdanang.com
Email: firstname.lastname@example.org email@example.com
Phone: 0935 643 666 – 0906 499 446
Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/
Legal Service For Expat: https://www.facebook.com/fdvnlawfirmvietnam/
TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/
DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/
Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam
- 10 LEGAL ISSUES TO CONSIDER WHEN INVESTING IN SECURITIES
- Ý KIẾN BỔ SUNG CỦA TÒA PHÚC THẨM KHU VỰC LIÊN BANG HOA KỲ VỀ TRANH CHẤP SÁNG CHẾ
- 10 POTENTIAL CONTENTS ABOUT REGISTRATION FOR RESIDENCE LAW 2020
- BẢN ÁN CỦA TOÀ PHÚC THẨM KHU VỰC LIÊN BANG HOA KỲ FACEBOOK, INC., v FRAGMATUS AV, LLC
- IS ILLEGAL GAMBLING ACT FACE A PENALTY OF IMPRISONMENT?
- Am I allowed use part of pavement and road bed to set up a wedding?
- Who is responsible for debt after divorce?
- 10 POINTS TO CONSIDER WHEN BUYING RAW LAND USED FOR INVESTMENT PROJECTS
- Legal English How to Understand and Master the Language of Law (William R. McKay, Helen E. Charlton)
- Dictionary of Legal Terms (Steven H. Gifis)
- Reading Law The Interpretation of Legal Texts (Antonin Scalia, Bryan A. Garner)
- The Oxford Essential Guide to Writing
- HOW TO GET RENT ASSISTANCE?
- CAN EMPLOYEES FROM 15 TO BELOW 18 BE RECRUITED?
- LEARNING LEGAL ENGLISH THROUGH CASE LAWS: CASE LAW NO.06/2016/AL ON THE CASE OF DISPUTE ON INHERITANCE
- OUTSTANDING NEW POINTS OF LAW ON INVESTMENT 2020