Application for unilateral divorce when a spouse is abroad. Is it possible to get a unilateral divorce when a spouse is abroad? Let us learn about this topic with LSX law firm as follow:
Is it possible to get a unilateral divorce when a spouse is abroad?
What is a divorce? What is the common cause of divorce in Vietnam? According to the provisions of the Law on Marriage and Family; Divorce is the termination of the husband and spouse relationship according to a legally effective judgment or decision of the Court.
Accordingly, Vietnamese law or international law does not prohibit unilateral divorce when a spouse is abroad because this is a divorce according to the unilateral will of one spouse. Unilateral divorce from a spouse in a foreign country is a divorce at the request of a Vietnamese spouse; want to divorce their spouse who is settling, doing business; studying or working abroad or the spouse is a foreigner or the spouse is a Vietnamese residing in Vietnam; doing business, studying and working in Vietnam but was not present in Vietnam when the court accepted to settle the case; if there are grounds that the husband or spouse commits acts of domestic violence or seriously violates the rights and obligations of husband and spouse; causing the marriage to fall into serious condition, the common life cannot be prolonged, of unattainable marriage.
Thus, it is possible to proceed with a unilateral divorce; when a spouse is abroad if there are enough grounds to conduct the unilateral divorce procedure; when a spouse is abroad without having to worry about the geographical distance; language differences or the complexity of the divorce process.
Application for unilateral divorce when a spouse is abroad
In order to be able to perform a unilateral divorce with a spouse abroad, a husband who wants to get a unilateral divorce needs to carry out the order and procedures for unilateral divorce when his spouse is abroad in accordance with Vietnamese law. . An application for a unilateral divorce when a spouse is abroad includes the following documents:
Marriage registration certificate (original);
Identity card/Citizen identity card of husband and spouse, Household book of the couple (Notarized and authenticated copy);
Extract copies of the children’s birth certificates;
Proof of ownership and right to use common property of husband and spouse (notarized/certified copy)
Papers related to joint debt;
Certificate of residence and identity of the defendant;
Minutes of grassroots mediation to determine the conflict leading to divorce. Unilateral divorce procedure with Japanese people.
Order and procedures for unilateral divorce when a spouse is abroad
The order and procedures for unilateral divorce when a spouse is; abroad as follows:
Step 1: Prepare divorce documents: When applying for a unilateral divorce; it is necessary to prepare full documents according to the section above to avoid having the file; returned.
Step 2: Submit application for unilateral divorce settlement with spouse abroad
Step 3: Receive, review the file and accept the case:
After receiving the application for a unilateral divorce, the court officer receives the application and the chief judge assigns a judge to review the file.
Courts to serve the notice of court proceedings and collect apartments abroad
If all conditions are satisfied, the court must send a notice to parties.
Step 4: Preparation for trial: During the trial preparation stage; the judge; assigned to handle the case considers the file and conducts for the parties to hand over evidence and carry out conciliation procedures. According to the law, the conciliation session must be; opened at the earliest 6 months; and 8 months at the latest from the date of acceptance of the case. In case the first conciliation session cannot be; conducted; or the conciliation cannot be; held but a second conciliation session must be held; the second meeting shall be scheduled no later than one month apart from the first.
Step 5: Open the court to settle the unilateral divorce with a spouse abroad. Accordingly, the court hearing must be; opened at the earliest 9 months and no later than 12 months from the date of issuing the written notice of acceptance of the case. The date of reopening the court hearing (if any) is fixed within one month from the date of opening the court hearing.
Step 6: The court issues a decision to unilaterally divorce a spouse while abroad.
Finally, hope this article about Application for unilateral divorce when a spouse is abroad is helpful for you!