Marriage is considered as a bond between two people. However, the marriage purpose is not achieved, many couples decide to go to divorce. Divorce procedures in Vietnam are quite complicated, especially divorce with foreign elements. So, what are the current documents and procedures for divorce with foreigners? Around this issue, Lawyer X received many questions. Specifically, the question from friend Nguyen Huu Tra M is as follows: “Hello, Lawyer X: Due to disagreement, me and my husband decided to divorce. My husband is a foreigner currently living in Vietnam. So let me ask you: How is the Procedures for divorce with foreigners in Vietnam now? What documents need to be prepared? Hope the Lawyer answers.”
Legal grounds
Law on marriage and family 2014
Civil Procedure Code 2015
What is a divorce from a foreigner?
Divorce with a foreigner is the termination of the husband and wife relationship according to the judgment; or under a valid decision of a court between a Vietnamese citizen and a foreigner. Or between foreigners in the case of permanent residence in Vietnam when they request it
According to Clause 11, Article 3 of the Law on Marriage and Family 2014 stipulates as follows:
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
In addition, Article 127 of the Law on Marriage and Family stipulates: Divorce between Vietnamese citizens and foreigners; between foreigners and each other permanently residing in Vietnam shall be settled at the competent authority of Vietnam.
In case you are not permanently residing in Vietnam at the time of requesting for divorce; the divorce shall be settled according to the law of the country where the husband and wife reside together; if you and your husband do not have a common place of permanent residence, the settlement shall be according to Vietnamese law.
The settlement of property as foreign immovable property upon divorce compliance; under the laws of the country where the immovable property is located.
Dossier to carry out divorce procedures with foreigners
You need to prepare the following documents to complete the divorce procedure with a foreigner:
- Application for recognition of consensual divorce.
- Original Marriage Registration Certificate.
- A certified copy of the child’s birth certificate.
- Certified copy of the people’s identity card/citizen identity card/passport of the husband and wife.
- Certified copy of household registration book.
- Other documents and evidences attached: Certificate of land use right; vehicle registration certificates,…
After you have prepared all the above documents, you proceed with the divorce proceedings. Specifically, will be provided by Lawyer X below.
If you encounter problems in the application preparation process; or need to prepare the above documents. Please contact Lawyer X via hotel: 0833102102 for advice and support.
Procedures for divorce with foreigners
When you carry out divorce proceedings with a foreigner. You need to go through the following steps:
Step 1
Prepare documents: you need to prepare all the above consent documents.
Step 2
Submit application: after submitting all the above documents. You will file at the People’s Courts of provinces and centrally run cities.
Step 3
Within 03 working days from the date of receipt of the dossier, the chief justice of the court shall assign a judge to handle the petition.
Within 07 working days, you shall amend and supplement the dossier at the request of the Judge (if the submitted dossier is lacking or needs additional information in the application).
Within 5 days from the date of receiving the application for recognition of consent for divorce. The court will accept and notify you to pay the court fee advance.
Step 4
Within 7 days from the date of receiving the court’s notice of the payment of the court fee advance (usually 300,000 VND). You will have to pay a court fee advance at the Provincial Civil Judgment Enforcement Bureau. The court shall accept the petition after the involved parties submit a receipt for the fee advance.
Within 03 working days, the Court must notify you and your husband; The same-level procuracies on the acceptance of petitions.
Step 5
After accepting the divorce request, the court will conduct conciliation in accordance with the law on civil procedure. The court conducted conciliation, now there are 2 cases.
Court conciliation, both husband and wife reunited; the court will record and request the two parties to withdraw the application.
The unsuccessful conciliation court will make a record of the voluntary divorce and the unsuccessful reconciliation. Within 15 days from the date of making the minutes if the husband and wife have no change of opinion; then the Court issues a decision to recognize the consent of the divorce. This decision can serve as a basis to issue a certificate of marital status when you need it.
Notes on divorce procedures with foreigners
In the event that you and your spouse both request a divorce. If it is found that the two parties really voluntarily divorce and have agreed on the division of property, the care, rearing, care and education of children on the basis of ensuring the legitimate interests of the wife and children; then the Court approves the divorce.
If you and your spouse cannot come to an agreement; or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the Court shall settle the divorce.
Processing time for divorce petitions involving foreign elements
- Consensus divorce involving foreign elements: From 03 to 04 months;
- Divorce unilaterally with foreign elements: The first instance level is about 4 to 6 months.
- In case of divorce in the absence of foreigners: From about 24 months (due to the court having to carry out judicial mandate procedures)
However; in fact, the time to settle a divorce case involving foreign elements may be longer if the defendant is absent; There are property and child custody disputes…
Jurisdiction to settle divorce with foreigners in Vietnam
According to the provisions of the Law on Marriage and Family, in Clause 2 of Article 81, the right to raise children upon divorce is determined as follows:
• Husband and wife agree on who directly raises children, obligations and rights of each party after divorce towards children; in case no agreement can be reached, the Court shall decide to assign the child to one party to directly raise it based on the child’s interests in all aspects; if the child is full 07 years old or older, the child’s wishes must be considered.
• Children under 36 months of age are assigned to their mothers to directly raise them, unless the mothers are not eligible to directly look after, care for, raise and educate the children or the parents have other agreements in accordance with the interests of the children. of children.
However, for cases involving foreign elements, according to the provisions of Article 127 of the Law on Marriage and Family 2014 on divorce involving foreign elements:
Article 127. Divorce involving foreign elements
1. Divorce between Vietnamese citizens and foreigners and between foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.
2. In case the party being a Vietnamese citizen does not permanently reside in Vietnam at the time of the divorce request, 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.
3. The settlement of foreign immovable property upon divorce shall comply with the laws of the country where such immovable property is located.
According to Articles 469 and 470 of the 2015 Civil Procedure Code, the jurisdiction to settle divorces involving foreign elements belongs to the People’s Courts of the province.
In special cases, the jurisdiction belongs to the district-level People’s Court:
In the special case specified in Clause 4, Article 35 of the Civil Procedure Code 2015, if the divorce takes place with a Vietnamese citizen residing in the border area with a citizen of a neighboring country residing in the same area, In border areas with Vietnam, the jurisdiction belongs to the district-level People’s Courts.
Thus, in case the husband and wife permanently reside in a foreign country and do not permanently reside in Vietnam, the divorce will be resolved according to the laws of the host country. In normal cases, this authority belongs to the People’s Court of the province.
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Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Procedures for divorce with foreigners in Vietnam“. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more:
Where to register for marriage with a foreigner in Vietnam?
Unilateral divorce with foreigners in Vietnam
Taiwanese marriage service in Vietnam
Frequently asked questions
For a request for recognition of consent for divorce, agreement on child rearing, or division of property upon divorce, the husband and wife may agree on the payment of a fee advance, except for cases where they are exempted or not required to pay a temporary deposit. pay fees as prescribed by law. In case the husband and wife cannot agree on the person paying the fee advance, each person must pay half of the fee advance.
You can send a lawsuit petition, enclosed with documents and evidences that you currently have, to a court competent to handle the case by the following methods:
a) Filed directly at the Court.
b) Send to the Court by postal service.
c) Submitted electronically via the Court’s web portal (if any).
Conclusion: So the above is Procedures for divorce with 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
