As we all know marriage is seen as the result of a love between two people. When they get married, what they aim to do is build a happy family. As a matter of fact, there are also couples who cannot maintain their marriage well. Therefore, divorce is inevitable; but if you just do the divorce procedure as usual, it’s too simple and everyone knows it. So about the matter “Consent to divorce when husband is abroad in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Civil Procedure Code 2015
- Law on Marriage and Family 2014
- Resolution 326/2016/UBTVQH14
What is divorce?
According to Clause 14, Article 3 of the Law on Marriage and Family:
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
The court is the only agency responsible for making a decision to terminate the marriage relationship of husband and wife. The Court’s divorce judgment can be expressed in two forms: judgment or decision.
If both spouses agree to divorce and agree to settle all matters of the husband and wife relationship upon divorce, the Court shall recognize the judgment in the form of a decision.
If husband and wife have conflicts or disputes, the Court will issue a judgment in the form of a divorce judgment.
What is an amicable divorce?
According to Clause 14, Article 3 of the Law on Marriage and Family 2014 (Law on Marriage and Family), clearly states:
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
Also according to the Law on Marriage and Family, spouses or both have the right to request the Court to settle divorce:
– If only one spouse requests a divorce, the divorce procedure shall be followed at the request of one party (unilateral divorce).
– If both spouses request a divorce, the divorce consent procedure will be followed.
Therefore, it can be understood that the divorce agreement is divorce when there is consent and agreement of both husband and wife.
According to Article 55 of the Law on Marriage and Family, conditions for the Court to recognize the consent of the couple to divorce, specifically:
In the case where husband and wife jointly request a divorce, if it is deemed that the two parties really voluntarily divorce and have agreed on property division, the care, rearing, care and education of their children on the basis of insurance and legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; If an agreement cannot be reached or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce.”
It can be said that the real voluntariness of the husband and wife is a condition for the Court to recognize the consent of the divorce.
Consent has foreign elements
According to the provisions of Article 127 of the Law on Marriage and Family 2014, divorce involving foreign elements is as follows:
“Article 127. Divorce involving foreign elements
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 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 shall comply with the laws of the country where such immovable property is located.”
Thus, the case is considered to be a divorce with foreign elements when the above conditions are satisfied. Accordingly, when both husband and wife voluntarily sign the divorce petition; there are property agreements; children and related issues, then it is possible to proceed with divorce proceedings.
Consent to divorce when husband is abroad in Vietnam
When both spouses voluntarily sign the divorce papers; there are property agreements; children and related matters; then you can proceed with the divorce proceedings.
It can be said that the real voluntariness of husband and wife is a condition for the Court to recognize a consensual divorce.
Therefore, the Court will consider a divorce if all three of the following factors are met:
Husband and wife voluntarily divorce and sign the divorce papers.
The child custodian and child support rate has been agreed; This agreement must ensure the interests of both parties and children.
Have agreed on the issue of property division; have not yet reached an agreement but did not ask the court to settle the property. In case the husband and wife have reached an agreement on property issues and wish to be recognized by the Court, they can write in an application to request the Court to recognize this agreement.
Competence to settle amicable divorce when husband is abroad
Pursuant to Point a, Clause 1, Article 37 of the 2015 Civil Procedure Code:
“Civil, marriage and family, business, commercial and labor disputes specified in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the Courts to settle disputes at district-level people prescribed in Clauses 1 and 4, Article 35 of this Code”.
Thus, the provincial court will handle divorce cases that are not accepted by the district court.
And point h, Clause 2, Article 39 of the Civil Procedure Code, the competence to settle a divorce with a foreign element belongs to the People’s Court of the province where one of the parties consenting to the divorce resides and works.
Thus, in this case, the authority competent to settle the divorce agreement will belong to the provincial court.
Dossier to carry out procedures for consent to divorce when husband is abroad.
To do this, you need to prepare the following documents:
Divorce Consent Form (signed by both spouses)
Marriage certificate (original)
Identity card/Citizen identity card or passport (certified copy)
Household book (certified copy)
Children’s birth certificates
Copy of voucher; documentation of property ownership (if property recognition is required)
Application for divorce in absentia of the husband (certified by the Vietnamese embassy or consulate in the husband’s country of residence).
Procedures for voluntary divorce when husband is abroad
Step 1: File a lawsuit for divorce at the People’s Court of the province where the wife resides; husband, wife’s workplace in Vietnam;
Step 2: After receiving the lawsuit petition and valid documents, the Court shall, within 05 working days, examine the petition and issue a notice of payment of the court fee advance to the involved parties.
Step 3: Pay the first-instance civil court cost advance at the Judgment Execution Sub-department and return the court fee advance receipt to the Court;
Step 4: The husband submits an application for divorce in his absence and is confirmed by the embassy; Vietnam consulate where the husband resides
Step 5. Court settles divorce case according to summary procedure without record of conciliation between husband and wife
Step 6: The court issues a decision to recognize the consent of the divorce.
Court fees
According to the provisions of Resolution 326/2016/UBTVQH14, the first-instance court fee in the divorce case is 300,000 VND if there is no dispute over property; If there is a dispute over property, the court fee is determined according to the value of the property…
In addition, if the husband and wife have common property that needs to be divided by the court, they need to pay the court fee advance as prescribed. Specifically:
If the couple has valuable assets:
+ From 6,000,000 VND or less: 300,000 VND court fee
+ From over 6,000,000 VND to 400,000,000 VND: Court fee: 5% of the disputed property value
+ From over VND 400,000,000 to VND 800,000,000: Court fee of VND 20,000,000 + 4% of the disputed property value exceeding VND 400,000,000
+ From over VND 800,000,000 to VND 2,000,000,000: Court fee of VND 36,000,000 + 3% of the disputed property value exceeding VND 800,000,000
+ From over 2,000,000,000 VND to 4,000,000,000 VND: Court fee 72,000,000 VND + 2% of the disputed property value exceeding 2,000,000,000 VND
+ From over VND 4,000,000,000: Court fee of VND 112,000,000 + 0.1% of the value of the disputed property exceeding VND 4,000,000,000.
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Frequently asked questions
The time to settle divorce cases involving foreign elements is 4-6 months from the date of acceptance according to the provisions of the Civil Procedure Code 2015.
When one of the spouses wants to request a divorce settlement according to the will of one party but proceeds to conciliate at the People’s Court office fails, then the Court will handle the divorce for both parties. marriage if there are grounds for marital status between the wife; the husband commits acts such as domestic violence or commits serious violations of his wife’s rights and obligations; husband to lead to the marriage between husband and wife falling into a very serious situation, between husband and wife the common life cannot continue to be prolonged; The purpose of the marriage between husband and wife is not achieved.
According to the law, husband and wife have the right to agree on the division of common property. In the case of an amicable divorce, the common property shall be agreed upon by both parties on a voluntary basis. decide on a divorce
Conclusion: So the above is Consent to divorce when husband is abroad in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
