Divorce settlement with husband residing in Australia. Divorce from a husband who is residing in Australia is considered a foreign element, so it will be more complicated and difficult than a normal divorce. Is it possible to proceed? How is the procedure? What are the settlement conditions? Follow the article below for clarification. Let us learn about this topic with LSX law firm as follow:
The case of divorce settlement with husband residing in Australia
Basis: According to Article 127 of the Law on Marriage and Family and Article 469 of the Civil Procedure Code for divorce from her husband who is residing in Australia, including the following cases:
Divorce between foreigners (in Australia) living in Vietnam;
Vietnamese citizens with foreigners (in Australia);
One of the couple is Vietnamese living abroad (in Australia);
Which court in Vietnam has the authority to resolve divorce while the husband and wife are in Australia?
According to the provisions of Article 35, Article 37 of the CPC, the provincial court in Vietnam is the competent place to settle divorce when the husband settles in Australia.
If the respondent’s Vietnamese husband is in Australia: Jurisdiction belongs to the provincial court where the respondent resides;
In case the respondent is an Australian husband living in Vietnam: Jurisdiction of the Provincial Court where the plaintiff resides:
If the respondent is an Australian husband living in Vietnam: Jurisdiction belongs to the Provincial Court where the respondent resides;
In the case of an uncontested divorce, the husband is in Australia: Jurisdiction belongs to the provincial court where the spouse resides in Vietnam. Procedures for divorce with Chinese if you wonder.
Documents to be prepared when divorcing with her husband who is settling in Australia
Application for unilateral divorce when a spouse is abroad. In case of divorce with your husband residing in Australia, if you choose a settlement agency that is Vietnam, you need to prepare the following documents:
An application for an amicable divorce;
Original marriage certificate;
Household registration book of husband and wife;
ID/CCCD/Passport of husband and wife;
Birth certificates of children.
Divorce procedures when divorcing with her husband residing in Australia
For the case of consensual divorce: The court will consider the voluntariness and consent of the divorce and resolve the divorce on the basis of an agreement between the two people.
For a unilateral divorce: You need to ensure the following conditions for the Court to proceed with the divorce settlement with your husband residing in Australia.
There are grounds for domestic violence by a husband or wife;
There are evidences and grounds to prove that husband and wife seriously violate the rights and obligations of husband and wife. For example, like a husband or wife having an affair.
Grounds to prove that cohabitation cannot last, the purpose of marriage cannot be achieved. For example: husband and wife have been separated for a long time; husband and wife often quarrel and disagree; …
Steps to divorce with husband residing in Australia
Firstly, prepare divorce documents with people who are in Australia
Secondly, submit the divorce file to the competent court.
Thirdly, the court considers and accepts the divorce file.
Fourthly, the court conducts divorce settlements with spouses who are in Australia.
Note: In the case of a unilateral divorce with a husband who is in Australia and does not return to Vietnam for a divorce, the Court shall proceed with the unilateral divorce settlement in the absence of the respondent. The person who requests a divorce from her husband who is residing in Australia must provide the address and contact information of her husband who is in Australia to the Court.
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