Divorce with foreign elements is one of the complicated procedures, because determining the whereabouts of the foreign party is quite difficult if one of the parties does not come to court according to the court’s summons. How are the procedures, processes as well as problems related to divorce with foreigners? Here, let’s find out some specific issues with LSX through the article “Divorce procedures for people living abroad in Vietnam” below!
Legal grounds
- Civil Procedure Code 2015
- Law on Marriage and Family 2014
Who has the right to ask the Court for a divorce?
According to the provisions of Article 51 of the Law on Marriage and Family 2014
• Wife, husband or both have the right to request a divorce.
• Parents, other relatives have the right to request divorce settlement when one of the spouses, due to mental illness, is unable to perceive and control their own behavior, and is also a victim of violence caused by their husbands and wives, seriously affecting their lives, health and spirit.
• Husbands do not have the right to request divorce in cases where the wife is pregnant, giving birth or raising a child under 12 months old.
Accordingly, the divorce can be requested by both spouses or by one of the spouses’ requests, both of which are considered and resolved by the Court. In the case where husband and wife jointly request a divorce, the Court:
• If it is deemed that the two parties really voluntarily divorce and have agreed on the division of property, the care, rearing, care and education of children on the basis of ensuring the legitimate interests of the wife and children, the consent to divorce;
• If an agreement cannot be reached or an agreement is reached but the legitimate interests of the wife and children are not guaranteed, the divorce shall be settled.
In case only one spouse requests the divorce settlement, according to the provisions of Article 56 of the Law on Marriage and Family 2014, the settlement shall be as follows:
• The court will grant divorce if there are grounds for acts of domestic violence or serious violations of the rights and obligations of husband and wife, causing the marriage to fall into a serious state, making cohabitation impossible, the purpose of marriage is not achieved.
• In case the spouse of the person declared missing by the Court requests a divorce, the Court shall grant the divorce.
• In case there is a request for divorce at the request of a father, mother or other relative, the Court shall grant the divorce if there are grounds for the fact that the husband or wife commits acts of domestic violence that seriously affect the character of the family like the other person’s life, health, or spirit.
Divorce when one party is abroad
According to Article 51 of the Law on Marriage and Family 2014, husband, wife or both husband and wife have the right to request the Court to settle the divorce. Thus, the spouses have the right to unilaterally request the Court to settle the divorce or jointly request the settlement of the divorce by mutual consent.
For cases where overseas Vietnamese marry a foreigner whose marriage is recognized in Vietnam, the divorce settlement for Vietnamese returning home and foreign nationals shall comply with the provisions of Article 2.3, Section II. Resolution 01/2003/NQ-HDTP, as follows:
• In case a foreigner who is abroad files a lawsuit for divorce or requests recognition of a Vietnamese consent for a divorce, but the Vietnamese still have Vietnamese nationality and are residing in Vietnam, the Court shall accept the interpretation of the Vietnamese law.
• In case a Vietnamese person no longer has Vietnamese nationality but is still residing in Vietnam, the Court will not accept the settlement because it is not within the jurisdiction of the Court.
In case a Vietnamese citizen residing in the country initiates a lawsuit for divorce or requests recognition of consent to a divorce with a foreigner residing abroad as prescribed in Article 2.4, Section II of Resolution 01/2003/NQ-HDTP, solved as follows:
• A Vietnamese citizen marries a foreigner, but the foreigner has returned home and no longer has contact with the Vietnamese citizen, and the Vietnamese citizen files a lawsuit for divorce or requests recognition of the consent of the divorce.
• If a foreigner leaves the country, fails to fulfill his husband’s wife’s obligations as prescribed, there is no news for his wife or husband for one year or more, after investigating and verifying their address, but also If the defendant does not know their information and address, it is considered a case of the defendant intentionally hiding the address and adjudicating a divorce.
Divorce procedures for people living abroad in Vietnam
Divorce file with foreign elements
In case of consensual divorce, the following documents are required:
• Application for consent for divorce (according to the form of each Court);
• Marriage registration certificate (original);
• Household book, ID card (copy);
• Copy of Child’s Birth Certificate (if any)
• Other documents and evidences evidencing common property (if any).
Unilateral divorce cases include:
• Petition for divorce or Application for recognition of consent to divorce (according to the Court’s form);
• The original Marriage Certificate or a certified true copy of the original by a competent State agency if the original is lost.
• Identity card or Passport; Certified copy of household registration;
• A copy of the child’s birth certificate (if any);
• Authenticated copies of vouchers and documents on ownership of related properties;
• Documents proving that one party is abroad (if any).
Divorce procedures
Step 1: The petitioner for divorce/request for recognition of consensual divorce writes a petition for divorce/Application for recognition of consensual divorce and sends a set of documents to a competent Court, including:
• According to Clause 3, Article 35 and Article 37 of the 2015 Civil Procedure Code, the People’s Court of the province has jurisdiction.
• If a divorce takes place with a Vietnamese citizen residing in the border area with a citizen of a neighboring country residing in the border area with Vietnam, then the jurisdiction belongs to the district-level People’s Court, Pursuant to Clause 4 Article 35 Civil Procedure Code 2015.
Step 2: The Court checks the file, if the file is complete and valid, the Court will send a notice of advance payment of the court fee within 7-15 days.
Step 3: Proceed to pay civil court cost advance at the competent Civil Judgment Enforcement Sub-department and submit the court fee advance receipt to the Court
Step 4: The court proceeds to settle the case according to the civil procedure case settlement procedure.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
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Frequently asked questions
*For the case of an amicable divorce
In case of an amicable divorce with common property and the husband and wife have reached an agreement, they will not have to pay the court fee for dividing the property according to the value. According to the provisions of Resolution 326/2016/NQ-UBTVQH, the agreed divorce fee for the couple to pay is 300,000 VND.
Jurisdiction to resolve divorce in Vietnam will be the People’s Court of the province where the plaintiff resides in case foreigners are not in Vietnam. In case a foreigner is in Vietnam, it can be settled at the district-level People’s Court where the two of them reside.
Divorce is the termination of the husband and wife relationship when the conflicts between husband and wife become serious, the common life cannot last, the marriage purpose is not achieved. Divorce is recognized under a legally valid judgment or decision of the Court.
The basic principle of the law on marriage and family is the principle of voluntary and progressive marriage, therefore, divorce must also be based on the above principle. The law prohibits all acts of fake divorce, coercion or deception that obstruct divorce.
Conclusion: So the above is Divorce procedures for people living 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
