Divorce property division involving foreign elements. What is a divorce with foreign elements? And what is marriage with foreign elements? Let us learn about this topic with LSX law firm as follow:
What is marriage with foreign elements?
According to the provisions of Clause 25, Article 3 on marriage and family; relations involving foreign elements: The marriage and family relations have foreign elements; is a marriage and family relationship in which at least one party is a foreigner or overseas Vietnamese; marital and family relations between the participants who are Vietnamese citizens; but grounds for establishing, changing or terminating such relationship according to foreign laws; arising in foreign countries or assets related to such relationship in foreign countries.
To be considered a marriage with foreign elements, the following conditions must be; met:
Firstly, the subject in the marriage and family relationship is a foreigner.
Secondly, legal events that give rise to, change or terminate marital and family relations occur in a foreign country.
Thirdly, assets related to marriage and family relations abroad
Fourthly, the place of residence of the parties involved in the marriage and family relations abroad.
What is a divorce with foreign elements?
Divorce With Foreign Elements in Vietnam. Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court. Thus, divorce is the termination of the husband and wife relationship on a voluntary or unilateral basis with the resolution of the law through the legal basis of a legally effective court judgment or decision. .
Divorce involving foreign elements as prescribed by law will include one of the following signs:
Subject: one of the subject parties of the divorce relationship is a foreigner.
Grounds for divorce occurring abroad: The grounds for divorce are marriage; and marriage with foreign elements such as marriage registration in a foreign country.
Property related to the divorce relationship abroad: the joint property of the couple is not located in the territory of Vietnam but in a foreign country.
Accordingly, the provisions of Article 127 of the Law on Marriage and Family 2014 on divorce with foreign elements as follows:
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.
In case the party being a Vietnamese citizen does not permanently reside in Vietnam at the time of requesting a 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 according to Vietnamese law.
The settlement of foreign immovable property upon divorce is subject to the laws of the country where such immovable property is located.
Divorce property division involving foreign elements.
As stated in Article 127 of the Law on Marriage and Family 2014:
Specifically, the settlement of foreign immovable property upon divorce is subject to the laws of the country where such immovable property is located.
In case assets that are not real estate, valuable papers, or movables; they will be divided according to the laws of Vietnam. Accordingly, regulations on division of property of husband and wife upon divorce will be; settled according to the principle of settlement of property of husband and wife upon divorce.
Divorce property division involving foreign elements Clause 1, Article 59:
How to prove spouse’s separate property in Vietnam? In case the husband and wife’s property regime as prescribed by law; the settlement of property shall be agreed upon by the parties; if no agreement can be; reached, at the request of the spouses or husband and wife; the Court shall settle the settlement according to the provisions of Clauses 2, 3, 4 and 5 of this Article and in Articles 60, 61, 62, 63 and 64 of this Law.
In case the husband and wife’s property regime is; agreed upon the property settlement upon divorce shall be; applied according to such agreement; if the agreement is not complete and clear, the corresponding provisions in Clauses 2, 3, 4; and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law shall apply to settle the matter.
Divorce property division involving foreign elements Clause 2, Article 59 principles of settlement of property of husband and wife upon divorce:
Circumstances of the family and of the husband and wife;
The husband and wife’s contribution to the creation, maintenance and development of the common property. Labor of husband and wife in the family is; considered as income labor;
Protect the legitimate interests of each party in production; business and profession so that the parties have conditions to continue working to generate income;
The fault of each party in violation of the rights and obligations of husband and wife.
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Related questions
The definition of divorce is provided in Clause 14, Article 3 of the Law on Marriage and Family as follows:
Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court.
Consensual divorce is when husband and wife jointly request a divorce; voluntarily divorce and other issues such as property division, childcare, etc. have been agreed upon.
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