In today’s life, it is not uncommon to marry a foreigner. That trend is becoming more and more popular, leading to frequent divorces with foreigners. Divorce procedures with foreigners have many differences compared to divorce with domestic people that not everyone understands. So about the matter “How to write a divorce form with a foreigner in Vietnam?” Let’s find out with LSX in the article below.
Legal basis
- Law on Marriage and Family 2014
- Decree 126/2014/ND-CP
- Civil Procedure Code 2015
Definition of divorce with foreign elements
According to the provisions of Clause 14, Article 3 of the Law on Marriage and Family 2014, “Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.”
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.
Procedures for celebration of women’s divorce
Profile composition
To perform a divorce involving foreign elements, it is necessary to prepare divorce documents including:
– Application for divorce or Application for recognition of consent to divorce (according to form of resolution 01/2017/NQ-HDTP).
– Original Marriage Certificate
– Identity card or Passport; Passport (certified copy).
– A copy of the child’s birth certificate (if there are children).
– Certified copies of vouchers and documents on property ownership (if there is a property dispute).
– Documents proving that one party is abroad (if any)
Note: If both parties register their marriage under foreign law and want to get a divorce in Vietnam, they must have a consular legalization of the marriage registration certificate and complete the procedures for noting it in the register at the Department of Justice before submitting the application. divorce in court.
Sequence of execution
Step 1: Submit the petition for divorce at the competent People’s Court
Step 2: Within 7-15 days, the Court will check the file, if the dossier is complete and valid, the Court will send a notice of advance payment of the court fee.
Step 3: Pay the 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 opens a mediation session at court and conducts divorce proceedings at the Court according to first-instance procedures.
Competence to settle divorce involving foreign elements
According to Article 469 of the 2015 Civil Procedure Code, general provisions on the competence of Vietnamese courts to handle civil cases involving foreign elements are as follows:
“1. Vietnamese courts shall handle civil cases involving foreign elements in the following cases:
d) The divorce case in which the plaintiff or defendant is a Vietnamese citizen or the involved parties are foreigners residing, doing business or living long-term in Vietnam;”
According to the provisions of Point d, Clause 1, Article 469 of the 2015 Civil Procedure Code, the Vietnamese Courts have jurisdiction to settle divorce cases in which the plaintiff or defendant is a Vietnamese citizen or the involved parties are foreigners. in addition to residing, doing business and living permanently in Vietnam.
Regarding jurisdiction by level, Article 35, Article 37 of the 2015 Civil Procedure Code stipulates that the competence to settle divorces involving foreign elements belongs to the provincial People’s Courts.
Handling in case of intentionally hiding the address abroad
In case a Vietnamese person in the country applies for a divorce from an overseas Vietnamese and can only provide the address of the last place of residence in Vietnam of the defendant, but cannot provide the address of the defendant in a foreign country.
+ If through the defendant’s relatives, there are grounds to determine that they still have contact with their relatives in the country but their relatives do not provide the defendant’s address and information to the Court nor do Upon request of the Court to notify the defendant in order to send testimonies to the Court, this shall be considered as a case where the defendant intentionally hides his address, refuses to declare or refuses to provide necessary documents.
+ If the Court has requested the second time, but their relatives also refuse to provide the defendant’s address and information to the Court as well as refuse to comply with the Court’s request to notify the defendant, then The court brought the case to trial in the defendant’s absence according to the general procedure.
After the trial, the Court should immediately send to the defendant’s relatives a copy of the judgment or decision for these people to transfer to the defendant, and at the same time conduct a public posting of the copy of the judgment or decision at the head office. The commune-level People’s Committee of the place where the defendant last resided and where the defendant’s relatives reside so that the litigant can use the right to appeal in accordance with the procedural law.
How to write a divorce form with a foreigner in Vietnam?
Instructions on how to write the most detailed divorce application form with foreigners. Steps to prepare for writing a standard divorce form.
Step 1: Prepare the divorce form
You need to determine if your case is unilateral or consent divorce so that you can choose the right and correct form.
Step 2: Determine the competent Court to fill out the divorce application
Determining the jurisdiction of the Court is very important. Depending on each specific case, the applicant must choose the right Court according to the level and territory.
Step 3: Clearly define the requirements written in the application
The content of the divorce petition with a foreigner will have many different information. If you fill in the wrong information, it does not match or is unclear. The court will ask to amend the divorce petition.
Step 4: File for divorce with attached documents
After writing the divorce papers. The petitioner needs to prepare documents attached to the divorce petition. The list of documents will need to be listed on the application.
Where to buy divorce form with foreigners?
In addition, some Courts are still providing the application form according to the Court’s instructions. However, these types of forms all share the same contents as guided by the Council of Judges of the Supreme People’s Court.
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Frequently asked questions
Currently, courts often issue many different types of divorce petitions. Therefore, using a valid and correct divorce form will help the divorce file be resolved quickly. Save time and travel costs because records are not returned many times.
Divorce procedures with foreigners often involve contents such as: full name, address, contact information, court receiving files, causes of husband and wife conflict, property relations, children, etc. Using the divorce application form with a foreigner will fully show such contents for the Court to grasp. From there, the basis for solving the case.
The current divorce application fee is divided into the following categories:
Divorce application form with foreign elements Provincial Court 40,000 VND
Consensus divorce form Law office 200,000 VND
Unilateral divorce form Law office 200,000 VND
When proceeding with divorce proceedings but one party is not present in Vietnam, it is possible to apply for a trial in absentia. The application must clearly state the reason for his/her absence, request the Court to try his/her absence and commit not to complain later.
The Court will perform the Judicial Entrustment for Vietnamese consular offices abroad to carry out the necessary procedures.
Conclusion: So the above is How to write a divorce form with a foreigner in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
