If husband and wife agree to divorce, the husband must pay the first instance court fee according to current regulations?
If husband and wife agree to divorce, the husband must pay the first instance court fee according to current regulations, right? Based on Clause 4, Article 147 Civil Procedure Code 2015 stipulated as follows:
Obligation to pay first instance court fees
1. Litigants must pay first instance court fees if their request is not accepted by the Court, except in cases where they are exempted or do not have to pay first instance court fees.
2. In case the litigants cannot determine their share of assets in the common property and request the Court to resolve the division of that common property, each litigant must pay the first instance court fee corresponding to the value. portion of the property to which they are entitled.
3. Before opening the trial, the Court conducts mediation; If the litigants can agree on the settlement of the case, they will only have to pay 50% of the first instance court fee specified in Clauses 1 and 2 of this Article.
4. In a divorce case, the plaintiff must pay the first instance court fee, regardless of whether the Court accepts or does not accept the plaintiff's request. In case both parties agree to divorce, each party must bear half of the first instance court fee.
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Therefore, because this is a divorce case and both parties agree to divorce, each party must bear half of the first instance court fee, not your husband alone.
For a request to recognize an uncontested divorce, who must pay the advance fee?
For the request to recognize an uncontested divorce, who must pay the advance fee, according to Article 146 Civil Procedure Code 2015 stipulated as follows:
Obligation to pay court fee advances and fee advances
1. Plaintiffs and defendants who have counterclaims against the plaintiff and people with related rights and obligations who have independent claims in civil cases must pay an advance on first instance court fees, and the appellant according to In appellate procedures, appellate court fee advances must be paid, except in cases where court fee advances are exempted or not required.
2. The person who requests the Court to resolve a civil matter must pay an advance fee for resolving that civil matter, unless exempted or not required to pay an advance fee.
For requests to recognize an uncontested divorce, child custody agreement, and property division upon divorce, husband and wife can agree on payment of advance fees, except in cases where they are exempted or do not have to pay advance fees. Pay fees as prescribed by law. In case the husband and wife cannot agree on who will pay the fee advance, each person must pay half of the fee advance.
Accordingly, for a request to recognize an uncontested divorce, the parties will agree on who will pay the advance fee, except in cases where the fee advance is exempted or not required according to the provisions of the Law. law.
If no agreement can be reached on who will pay the fee advance, each person must pay half of the fee advance.