With the integration of cultural exchange between Vietnam and other countries in the world today, the situation of marriage and divorce with foreigners is no longer a strange thing. However, this also becomes a difficult problem for many people because the divorce procedure with foreign elements is relatively complicated. So about the matter “Conditions for divorce from foreigners in Vietnam” Let’s find out with LSX in the article below.
- Law on Marriage and Family 2014
- Civil Procedure Code 2015
Conditions for carrying out divorce procedures with foreigners in Vietnam
Basically, the conditions to carry out divorce procedures with foreigners are similar to domestic divorces. In the case of mutual consent, the Court will consider the voluntariness of the couple specified in Article 55 of the Law on Marriage and Family 2014. However, in the case of unilateral divorce, the necessary conditions must be met. To be:
• Mediation failed.
• There are grounds for the fact that the husband and wife commit acts of domestic violence or seriously violate the rights and obligations of husband and wife, causing the marriage to fall into serious condition, the common life cannot last, the purpose of unattainable marriage.
In addition, in some special cases, the Court will still proceed with the settlement if the divorce case includes criteria such as:
• In case the spouse of the person declared missing by the Court requests a divorce.
• In case there is a request for divorce of the father, mother, other relatives of a person suffering from mental illness or other disease but unable to perceive and control their behavior, the Court shall grant divorce if there are grounds. about the husband or wife committing acts of domestic violence, seriously affecting the health, spirit and life of the other.
What documents must be prepared for divorce with foreigners?
Before proceeding with divorce proceedings, preparing documents is the basic step. Accordingly, in the case of a divorce involving foreign elements, the required documents include:
• Applications for divorce.
• Original Marriage Registration Certificate.
• Personal identification documents such as ID card/ Citizen ID/ Passport/ Household registration of the couple.
• Copy of Child’s Birth Certificate (If you already have children).
• Certified copies, documents on property ownership (If there is a dispute over property and request the Court to settle).
• Documents proving that one party is abroad (If any).
However, it should be noted that in case two parties register their marriage under foreign law but divorce in Vietnam, the marriage registration certificate must be consularly legalized. At the same time, the procedures for making notes in the register at the Department of Justice must be done before filing for divorce at the Court.
Conditions for divorce from foreigners in Vietnam
Specifically, Article 56 of the Law on Marriage and Family 2014 provides for divorce at the request of one party as follows:
1. When a spouse requests a divorce but conciliation at the court fails, the court shall grant the divorce if there are grounds for the fact that the husband or wife has committed acts of domestic violence or seriously violated rights and obligations. The service of husband and wife has caused the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage cannot be achieved.
2. In case the spouse of the person declared missing by the Court requests a divorce, the Court shall grant the divorce.
3. In case there is a request for divorce as prescribed in Clause 2, Article 51 of this Law, the court shall grant the divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence, causing serious impacts. to the other person’s life, health, or spirit.
Regarding the serious situation, the common life cannot last, the marriage purpose cannot be achieved, you can refer to the following instructions and explanations for further reference:
+ Husbands and wives do not love, respect, care for and help each other like someone who only knows his or her duties, leaving the wife or husband to live as they want to live, having been cared for by their relatives or friends. agencies, organizations, reminders and conciliation many times.
+ Spouses always have abusive behavior, torture each other, such as frequent beatings, or other acts that offend each other’s honor, dignity and reputation, which have been reported by their relatives or the institution. agencies, organizations, and mass organizations reminded and reconciled many times.
+ Husband and wife are not faithful to each other such as having an adulterous relationship, have been reminded and advised by the wife or husband or their relatives or agencies, organizations, but still continue to have an adulterous relationship ;
In order to have a basis for determining that the husband and wife’s common life cannot be prolonged, it must be based on the current situation of the husband and wife that has reached a serious level as guided by regulations.
If the fact shows that they have been reminded and reconciled many times, but still continue to have an adulterous relationship, or continue to live apart, abandon each other or continue to abuse and insult each other , then there are grounds to conclude that the husband and wife’s life together cannot be prolonged.
The purpose of unattainable marriage is that there is no conjugal relationship; unequal obligations and rights between husband and wife; not respect the honor, dignity and prestige of the spouse; not respecting the freedom of belief and religion of husband and wife; do not help, create conditions for each other to develop in all aspects.
Thus, if he does not want to divorce his wife, it is necessary to have a basis for proof, or provide evidence to prove the opposite: the fact that the wife or husband commits acts of domestic violence or seriously violates rights and obligations. The service of husband and wife has caused the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage cannot be achieved.
Depending on the case settlement process, the court may decide to approve the petition for divorce, not to accept or return the application as prescribed.
How is the divorce procedure done with a foreigner?
In the case of a divorce involving foreign elements, the procedure is essentially the same as for a domestic divorce. Accordingly, spouses or both will proceed with the following process:
Step 1: File for divorce
After preparing all the necessary documents in the divorce file, the petitioner will submit it to the competent People’s Court for processing. The jurisdiction has been determined as above.
Step 2: Review and process the application
Within 7-15 days from the date of receipt of the dossier, the Court shall examine the dossier. If the dossier is incomplete or does not guarantee its validity, the Court will return the dossier and specifically notify the contents that need to be amended and supplemented.
In case the dossier is valid and meets the set conditions, a notice of court fee advance will be sent to the requester. Pursuant to Resolution 326/2016/UBTVQH14, the first-instance court fee in the divorce case is 300,000 VND in case there is no dispute over property. Accordingly, the applicant must pay a civil court cost advance at the competent Civil Judgment Enforcement Sub-department. Finally, return the court fee advance receipt to the Court.
Step 3: The Court opens the Court session and settles it according to first-instance procedures
After fully paying the first-instance court costs, the Court opens a Court session and settles it for the parties. In the course of processing, deems that the case or case has sufficient grounds, the Court will recognize the divorce and issue a judgment or decision for the parties.
The time to resolve a divorce with foreign elements will range from 4-6 months from the date of acceptance according to the provisions of the Civil Procedure Code 2015. However, in reality, there may be problems. different issues such as due to force majeure events, due to the absence of either party, the time will be longer.
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Please see more
- Procedures for Vietnam women to get married to foreigners
- Regain custody of children after divorce under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Determining the jurisdiction of the Court is important for the filing and resolution of a couple’s divorce case or case. Accordingly, in Clause 3, Article 35 and Article 37 of the 2015 Civil Procedure Code, for divorce cases involving foreign elements, the jurisdiction will belong to the provincial People’s Courts.
However, there are also special cases. This issue is regulated in Clause 4, Article 35 of the Civil Procedure Code 2015. Thus, if a divorce takes place between a Vietnamese citizen residing in the border area and a citizen of a neighboring country residing in the same area. In the border areas of Vietnam, the jurisdiction belongs to the district-level People’s Courts.
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 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.
The settlement of foreign immovable property upon divorce is subject to the laws of the country where such immovable property is located.
• Consensus divorce: about 1 to 2 months;
• Divorce unilaterally: at the first instance court for about 4 to 6 months (if the defendant is absent, there is a property dispute, etc., it may take longer). Appeal from 3 to 4 months (if there is an appeal).
• In case of divorce in absentia, the time period is from 12 to 24 months (due to the procedure for judicial entrustment).