Divorce when the husband is abroad is one of the cases of divorce with foreign elements. Therefore, the jurisdiction to settle the divorce completely belongs to the People’s Court of the province or city where the spouse resides before leaving the country. Because of the remote road conditions, the Court allows the spouses not to return from abroad but still resolve the divorce for the couple if it is an amicable divorce. So about the matter “Consent to divorce when husband is abroad in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Procedure Code 2015
- Law on Marriage and Family 2014
What is an amicable divorce?
An uncontested divorce is a divorce at the request of both husband and wife. With the condition:
• Husband and wife agree to terminate the marriage.
• Spouses agree on who will raise the children together, and how the other will have to support the children.
• Husband and wife can agree on the division of common property.
Note: If one of the above factors is missing, it is not considered a consensual divorce.
An uncontested divorce is a civil matter so it is much simpler than a unilateral divorce. Because it was originally a civil case. Consensual divorce is resolved by the Court according to civil case settlement procedures
Does the court handle divorce by consent when the husband is abroad?
According to the provisions of the Civil Procedure Code 2015, divorce cases fall under the jurisdiction of To district level. However, with the situation that your husband is living in a foreign country for a long time, the competent court is not at the district level. Pursuant to Article 35, Civil Procedure Code 2015:
Article 35. Jurisdiction of district-level People’s Courts
1. District-level People’s Courts are competent to settle according to first-instance procedures the following disputes:
a) Civil, marriage and family disputes specified in Articles 26 and 28 of this Code, except for disputes specified in Clause 7, Article 26 of this Code;
b) Business and commercial disputes specified in Clause 1, Article 30 of this Code;
c) Labor disputes specified in Article 32 of this Code.
2. District-level People’s Courts are competent to settle the following requests:
a) Civil requirements specified in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10, Article 27 of this Code;
b) Marriage and family requirements specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 29 of this Code;
c) Business and commercial requirements specified in Clauses 1 and 6, Article 31 of this Code;
d) Labor requirements specified in Clauses 1 and 5, Article 33 of this Code.
3. Disputes and requests specified in Clauses 1 and 2 of this Article that involve the involved parties or assets abroad or require judicial entrustment to the representative agency of the Socialist Republic of Vietnam in a foreign country, to a foreign competent court or agency that is not under the jurisdiction of the district-level People’s Court, except for the case specified in Clause 4 of this Article.
4. The district-level People’s Court of the place of residence of Vietnamese citizens annuls illegal marriages, settles divorces, disputes over rights and obligations of husband and wife, parents and children, about recognizing fathers. , mother, child, adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in border areas with Vietnam in accordance with this Code and other relevant provisions of Vietnamese law.
Based on the provisions of Article 37 of the 2015 Civil Procedure Code, the jurisdiction of the Provincial People’s Court is as follows:
Article 37. Jurisdiction of the People’s Courts of provinces
1. Provincial-level People’s Courts are competent to settle according to first-instance procedures the following cases:
a) Disputes over civil, marriage and family, business, commercial, and labor matters specified in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the Courts district-level people’s courts specified in Clauses 1 and 4, Article 35 of this Code;
b) Civil, marriage and family, business, commercial and labor requirements specified in Articles 27, 29, 31 and 33 of this Code, except for requests falling under the Court’s jurisdiction. district-level people’s courts specified in Clauses 2 and 4, Article 35 of this Code;
c) Disputes and requests specified in Clause 3, Article 35 of this Code.
2. Provincial-level People’s Courts are competent to settle according to first-instance procedures civil cases falling under the jurisdiction of district-level People’s Courts specified in Article 35 of this Code, which are granted by the People’s Courts. Provinces themselves take it up for settlement when it deems it necessary or at the request of the district-level People’s Courts.
Therefore, the People’s Court of the province has the authority to handle divorce cases that the district court cannot accept. At that time, you need to file for divorce at the People’s Court of the province or city where your husband has a household registration before leaving the country.
Consent to divorce when husband is abroad in Vietnam
What do you need to file for a consensual divorce when your husband is abroad?
When the husband goes to work abroad and is abroad, if he cannot agree to divorce, he can apply for a unilateral divorce.
A dossier for a consensual divorce when her husband is abroad includes:
• An application for an amicable divorce.
• Original marriage registration certificate.
• A copy of the temporary or permanent residence of the plaintiff’s spouse.
• The following copy of the national identity card or a copy of the spouse’s passport.
• Documents proving property: Certificate of house ownership, land use right, etc.
• A copy of the child’s birth certificate (if applicable).
What is the procedure for consent to divorce when the husband is abroad?
Procedures for consent to divorce when the husband is abroad is carried out as follows:
Step 1: File a lawsuit for divorce with foreign elements at the People’s Court of the province/city.
Step 2: After receiving the divorce petition with valid documents, within 7-15 days, the People’s Court will examine the application. If it is valid, the court will notify the payment of court fees.
Step 3: Pay the first-instance civil court fee advance at the competent civil judgment enforcement agency, and at the same time submit the court fee advance receipt to the Court.
Step 4: The People’s Court will convene and carry out divorce procedures in accordance with the procedural order.
The time limit for settling divorce cases involving foreign elements ranges from 4-6 months from the date of acceptance in accordance with the provisions of the 2015 Civil Procedure Code. The first-instance court fee in the divorce case according to the provisions of Resolution 326/2016/UBTVQH14 is 300,000 VND if there is no dispute over property. In the event of a dispute over property, the court fee will be determined according to the value of the property…
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Please see more
- Divorce procedures for people living abroad under Vietnam law
- Appeal for divorce judgment under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
As mentioned when both husband and wife voluntarily signed the divorce papers; there are property agreements; children and related matters; then you can proceed with the divorce proceedings.
It can be said that the real voluntariness of husband and wife is a condition for the Court to recognize a consensual divorce.
Therefore, the Court will consider a divorce if all three of the following factors are met:
The husband and wife voluntarily divorce and sign the divorce papers.
+ The custodian and child support rate has been agreed; This agreement must ensure the interests of both parties and children.
+ The issue of property division has been agreed; have not yet reached an agreement but did not ask the court to settle the property. In case the husband and wife have reached an agreement on property issues and wish to be recognized by the Court, they can write in an application to request the Court to recognize this agreement.
According to Article 51 of the Law on Marriage and Family, those who have the right to request a divorce include
Couple; Both of them have the right to ask the Court to settle the divorce.
Parents, other relatives have the right to request the Court to settle the divorce when one of the spouses suffers from mental illness; suffer from other diseases but cannot perceive and control their behavior, and are also victims of domestic violence.
– To protect the interests of women and children, the law stipulates that husbands do not have the right to request divorce in case the wife is pregnant or giving birth; are raising children under 12 months old.
In case the husband and wife have common property that needs to be divided by the Court, they need to pay the court fee in advance according to regulations. As follows:
Court fees of the disputed property value:
• From 6,000,000 VND or less: The court fee is 300,000 VND.
• From over 6,000,000 – 400,000,000 VND: Court fee is 5% of the property value if there is a dispute.
• From over 400,000,000 – 800,000,000 VND: Court fee is 20,000,000 VND + 4% of the disputed property value exceeding 400,000,000 VND.
• From over 800,000,000 VND – 2,000,000,000 VND: Court fee is 36,000,000 VND + 3% of the disputed property value exceeding 800,000,000 VND.
• From over 2,000,000,000 – 4,000,000,000 VND: Court fee is 72,000,000 VND + 2% of the disputed property value exceeding 2,000,000,000 VND.
• From over 4,000,000,000 VND: Court fee is 112,000,000 VND + 0.1% of the disputed property value exceeding 4,000,000,000 VND.
Conclusion: So the above is Consent to divorce when husband is abroad in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
