Procedures for Divorce With Singaporeans. Required documents to carry out Divorce Procedures with Singaporeans. Let us learn about this topic with LSX law firm as follow:
Required documents to carry out Divorce Procedures with Singaporeans
To be able to carry out divorce procedures with Singaporeans quickly and conveniently, you need to prepare 01 set of divorce documents including the following documents:
Divorce Application Form;
Marriage certificate or marriage extract from the Embassy.
People’s identity card, passport, household registration book of the couple;
Birth certificates of children;
Papers related to common property, common debt;
Other relevant documents.
Process, Procedures for Divorce With Singaporeans
Application for unilateral divorce when a spouse is abroad. To be able to carry out the divorce procedure with a Singaporean, you need to follow the process and steps as follows:
Step 1: Write an Application for Divorce and make a Divorce Dossier with the above documents.
Step 2: Submit application for divorce with Singaporeans; Pay a court fee advance to accept the case.
Step 3: Participating in taking testimonies, mediation; public meetings and disclosing evidence;
Step 4: Participate in the trial of the divorce case;
Step 5: Request the enforcement of the Court’s divorce judgment or decision.
The agency handling the divorce proceedings
According to the provisions of Articles 35 and 37 of the 2015 Civil Procedure Code, the competence to settle divorce cases involving foreign elements is the People’s Courts of the provinces and central cities.
In the case of a unilateral divorce, the plaintiff may file a divorce petition at the place where the defendant resides and worked last if the current residence of the defendant is unknown. If the defendant does not have a place of residence or work in Vietnam but is in Singapore, he/she can file for divorce at the plaintiff’s place of residence or work.
03 cases where Vietnamese courts have jurisdiction to settle divorce when husband and wife are in Singapore:
Firstly, divorce between a Vietnamese spouse and a Singaporean;
Secondly, divorce between husband and wife who are both Singaporeans and are permanently residing in Vietnam;
Thirdly, divorce between husband and wife who are both Vietnamese when one party is in Singapore;
In addition, husband and wife can choose to settle for divorce in Vietnam or Singapore when:
Divorce between Vietnamese and Singaporean spouses while in Singapore;
Divorce when both Vietnamese husband and wife are in Singapore.
Conditions to proceed with the Divorce Procedures
Can spouse reapply for the divorce petition after withdrawing it? According to the provisions of the Law on Marriage and Family, the conditions for getting a divorce are as follows:
In the case of an amicable divorce, the time of separation is not a condition of divorce. The court will grant divorce if it finds that your wife and husband are in Singapore really voluntarily divorce; at the same time, the husband and wife have agreed on relevant contents to ensure the interests of the wife and children.
In the case of a unilateral divorce, the Court shall settle the divorce when:
There are grounds for domestic violence by a husband or wife;
There are evidences and grounds to prove that husband and wife seriously violate the rights and obligations of husband and wife. For example, like a husband or wife having an affair.
Grounds to prove that cohabitation cannot last, the purpose of marriage cannot be achieved. For example: husband and wife have been separated for a long time; husband and wife often quarrel and disagree; …
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