Divorce with foreign elements is quite complex in terms of divorce procedures. So if you do not know the provisions of the law; the divorce with foreign elements will be prolonged. So what is the law for divorce when the spouse is a foreigner? What divorce unilaterally absent with foreign elements in Viet Nam? Let’s find out this issue with LSX Law firm.
Law on Marriage and Family 2014
Civil Procedure Law 2015
What is a divorce with foreign elements?
Divorce involving foreign elements is specified in Article 127 of the Law on Marriage and Family 2014 as follows:
- Firstly, 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; accordingly this Law.
- Secondly, in case the party being a Vietnamese citizen does not permanently reside in Vietnam; at the time of request for divorce; the divorce shall be settled; accordingly 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.
- Thirdly, The settlement of property being immovable property in a foreign country upon divorce shall comply with the laws of the country where such immovable property is located
Thus, a divorce involving foreign elements includes the following cases:
Firstly, between Vietnamese citizens and foreigners; Between foreigners and each other permanently residing in Vietnam;
Secondly, between Vietnamese people; who get married abroad and are recognized by foreign law; then return to Vietnam to apply for divorce;
Thirdly, between husband and wife who are Vietnamese citizens but are not permanently residing in Vietnam but residing abroad together at the time of requesting divorce.
Lastly, property is immovable property related to the divorce that is located abroad.
How to divorce unilaterally in absentia when there are foreign elements?
Accordingly the provisions of Articles 37 and 39 of the Civil Procedure Code 2015 (CPC), the jurisdiction to settle unilateral divorce cases in absentia involving foreign elements falls under the jurisdiction of the People’s Courts of the province where Defendant resides and works.
For divorce proceedings, follow these steps:
Step 1 : Submit a divorce application to the competent Provincial People’s Court
The profile includes:
- Applications for divorce.
- Copy of ID card (Passport); Passport (with a copy of the original).
- The original marriage certificate;
- Copy of birth certificate (if you have children).
- Copy of vouchers and documents on property ownership (if there is a property dispute).
All of the above documents are identity papers, documents proving your identity and property to protect your legitimate rights and interests.
Besides, letter of confirmation and authorization of the embassy’s absence. (For the Court to handle the case in the direction of unilateral divorce in absentia with foreign elements).
Step 2 : Pay the court fee
Pay the court fee advance at the Provincial Judgment Execution Department upon request and return the receipt of the court fee advance to the Provincial People’s Court.
The payment of court fee advance is only made; when the divorce application is valid and accepted by the court.
Step 3 : The court will accept the case and settle it accordingly the Law on Marriage and Family
The period can be from 6 months to 1 year, during this time, the Court will send a document to the Embassy about the Judicial Entrustment to resolve in the direction of unilateral divorce; in absentia with foreign elements.
Afterward completing the Judicial Entrustment, the Court will deal with ordinary unilateral divorces, but it will be faster because it does not go through sessions such as conciliation sessions.
Divorce is the termination of the husband and wife relationship; accordingly the legally effective judgment or decision of the Court.
Sham divorce means making use of a divorce to shirk property obligations; or violate the policy and law on population; or for another purpose other than that of terminating a marriage.
Divorce cases with foreign elements; will be settled by provincial people’s courts; cases of marriage in border areas; neighboring countries will be resolved by the district court.