In today’s life, it is not uncommon to marry a foreigner. That trend is becoming more and more popular, leading to frequent divorces with foreigners. Divorce procedures with foreigners have many differences compared to divorce with domestic people that not everyone understands. So about the matter “Application for divorce from foreigners in Vietnam” Let’s find out with LSX in the article below.
Legal basis
- Law on Marriage and Family 2014
- Decree 126/2014/ND-CP
- Civil Procedure Code 2015
- Resolution 326/2016/UBTVQH14 stipulating the rates of collection, exemption, reduction, collection, payment, management and use of court fees and charges.
Some issues related to divorce with foreigners
According to the provisions of Clause 14, Article 3 of the Law on Marriage and Family 2014, “Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.”
Article 127 of the Law on Marriage and Family 2014 provides for divorce involving foreign elements, including specific cases such as:
– Divorce between Vietnamese citizens and foreigners;
– Divorce between foreigners who permanently reside in Vietnam when they so request.
In case the party being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled according to the law of the country where the husband and wife reside together; if they do not have a common place of permanent residence, the settlement shall be in accordance with Vietnamese law.
The settlement of foreign immovable property upon divorce is subject to the laws of the country where such immovable property is located.
Application for divorce from foreigners in Vietnam
Consent divorce form for foreigners
Consensual divorce with a foreigner is a case where the husband and wife have agreed on the divorce; raising children upon divorce; division of marital property upon divorce.
The consent form for divorce with foreign elements is usually according to the form and must have all the required contents. According to the provisions of the Civil Code, an uncontested divorce involving foreign elements belongs to the group of civil matters. The consent divorce form is drafted based on Form No. 01-VDS issued by the Judicial Council of the Supreme People’s Court.
Currently, courts in Vietnam often issue separate divorce forms. Basically, the divorce forms of each court are built on the above form.
Unilateral divorce form with foreigners
Unilateral divorce is when one of the spouses does not agree to the divorce; or the couple agree to divorce but cannot agree on the raising of children and division of common property; common debt. This causes one of the parties to proceed with unilateral divorce proceedings in court.
The application form for unilateral divorce with foreign elements is usually according to the form and must have all the required contents. According to the provisions of the Civil Code; Unlike a consensual divorce with foreign elements in the group of civil matters, a unilateral divorce is classified as a civil case, so the application form is different. The unilateral divorce application form is drafted based on Form No. 23-DS issued by the Judicial Council of the Supreme People’s Court. The petitioner for unilateral divorce can use this form to prepare a petition for unilateral divorce
Divorce file with a foreigner
You need to prepare a complete divorce dossier; the right requirements for the Court to consider and process your case quickly. In case the dossier is missing important documents, the Court’s request for such addition will prolong the processing time for your case. Here are some necessary documents to be included in the divorce file you need to prepare, including:
• Application for recognition of consensual divorce; child rearing, property division upon divorce (In case of uncontested divorce); or Petition for divorce (In case of unilateral divorce)
• Marriage registration certificate (original); In case the marriage registration is done in a foreign country, you need to carry out the procedures for notifying the marriage according to regulations;
• Passport/ID card/CCCD of husband and wife (certified copy);
• The couple’s household registration book/Temporary residence book/Temporary residence card (certified copy);
• Copy of Child’s Birth Certificate (if any)
• Other documents and evidences evidencing common property (if any).
• Other relevant papers.
Note:
In case of divorce application; or any application written in a foreign language must be translated according to regulations before being sent to the court.
Procedures for noting marriage shall be carried out at the Department of Justice; or at the People’s Committee of the district where the spouse is residing.
Other documents in the above divorce file, if issued by a foreign agency, need to be consular legalized.
Procedures for divorce with foreigners
* In the case of an amicable divorce
Step 1: Prepare divorce documents
The dossier for a consensual divorce with foreign elements is prepared according to the list listed above by Hung Bach Law. Because your wife cannot return to Vietnam; Therefore, the file also needs to be accompanied by an application for trial in absentia so that the court can adjudicate a divorce with foreign elements in absentia for you and your spouse.
Step 2: Submit a divorce petition with foreign elements
The provincial court where you have a household registration in Vietnam has jurisdiction over your divorce. In your case, the People’s Court of Ben Tre province has the authority to handle your request. You can submit the file to the Court by post or authorize a lawyer/acquaintance to receive the file and submit it directly to the Court.
Step 3: The court accepts the file and settles the request for a divorce with foreign elements
After receiving the dossier; The court considers the jurisdiction and validity of the divorce file within 8 working days. If the profile is valid; The court issues a notice to pay the court fee/fee advance to the petitioner. After the divorce petitioner completes the payment of fees according to the notice; The divorce case is officially accepted by the Court and resolved according to regulations.
If you do not have time to carry out the procedures, you can authorize a lawyer to make the advance payment of court fees/court fees; carry out procedures at the Court to settle divorce with foreign elements. The authorization must be authenticated according to the provisions of law.
Step 4: The court opens a meeting to resolve the request for recognition of consent for divorce
Mediation procedures at the Court upon divorce in Vietnam are mandatory. If at the conciliation session, the husband and wife still agree and maintain the same views as in the divorce petition; The court will make a record of successful conciliation. Within 07 working days, the Court will issue a decision recognizing the consent of the divorce if the parties do not change their opinions.
On the contrary, if the spouses do not agree on divorce at the mediation; The court must make a record of unsuccessful conciliation. The consent divorce case is suspended and the judge will guide you through the unilateral divorce procedure.
In case your wife cannot return to Vietnam to attend the divorce mediation session; divorce court; …. You will need a written opinion and an application for divorce in absentia and the Court will not hold mediation.
Step 5: The court issues a decision to recognize the consent of the divorce
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Please see more
- Consent divorce consulting service for foreigners in Vietnam
- Fees for divorce with foreigners under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
(Clause 3, Article 102 of the Law on Marriage and Family 2000)
People’s Courts of provinces or centrally run cities in Vietnam where the involved parties permanently or temporarily reside.
The People’s Courts of rural districts, urban districts, towns and cities of the province where Vietnamese citizens reside are competent to settle divorces between Vietnamese citizens residing in border areas and citizens of neighboring countries. neighbors living together in the border area with Vietnam.
Procedure to apply for divorce with foreigners
Step 1: Make an application for divorce (if one party requests a divorce) or Make an application for consent for divorce (if both parties request a divorce) to the competent People’s Court.
Note: If both parties agree to divorce and agree on all 3 of the following issues, they will only apply for a divorce:
Both parties really voluntarily divorce;
The two parties have reached an agreement on the division or non-division of property, the care, rearing, care and education of the children;
The agreement of the two parties on property and children in each of these specific cases is to ensure the legitimate interests of the wife and children.
Step 2: After receiving the petition for recognition of consent for divorce with valid documents, the Court will accept the settlement and will issue a notice of payment of court fee advance to the applicant.
Step 3: Based on the Court’s notice, the involved parties shall pay the fee advance at the district-level Civil Judgment Enforcement Sub-department and return the payment receipt to the Court; (If the People’s Court of the province settles it, it shall be submitted to the Department of Civil Judgment Execution of the province).
Step 4: The court opens a public meeting to resolve the request for recognition of consent for divorce.
Step 5: The court issues a decision to recognize the consent of the divorce.
Time limit for trial preparation:
4 months from the date of acceptance of the case.
No more than 6 months if the case is complicated or has an objective obstacle.
Time limit for opening the court session:
1 month from the date of the decision to bring the case to trial.
2 months in case of legitimate reasons.
Conclusion: So the above is Application for divorce from foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
