The gathering of evidence in a divorce case has its own characteristics. The Judge must note these characteristics, such as papers to be filed, measures to gather evidence for determining the conflict status between the couple.
Main tasks and practical skills:
- Papers to be filed in a divorce case shall be:
- Copy of Marriage Certificate;
- Copy of Birth Certificates of the children (if any);
- Copy of Identity Card or Permanent Residence Population Register (Submitted along with showing the original copy);
- Evidence to prove common assets of the couple (if there exists a request for dividing common assets of the couple)
- Guiding the litigants to provide volutanry testimonies (Article 86 of the CPC)
- The plaintiff and defendant shall present clearly their request related to issues on marital relation, bringing up the children, assets which have been agreed to be recognized only; assets in dispute which need being resolved;
- Persons who have related rights and obligations shall present their related rights and obligations.
- Directly verifying and gathering evidence (Article 85 of the CPC)
- Determining the marital status often on the basis of opinions made by the couple’s relatives (for example, their parents), management agency, residence group, and social association where they participate in;
- Regarding the issue on bringing up the children, the Judge must determine income of the parents and opinion of the chidlren of not less than 9 years of age (Item 2 of Article 92 of the Law on Marriage and Family);
- Verification with respect to land and housing must be clarified for the purpose of dividing exhibits to both parties;
- Asset valuation should include different types of asset, not only land and housing (Article 92 of the CPC; Section 12 of Resolution No. 02/2000/NQ-HDTP).
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