Divorce from a foreigner is not a new thing. As society develops, marriage, living together, and creating a family are not limited by country or territory. However, like many other marriages, if married life is deadlocked and serious, it doesn’t matter whether they are of the same or different nationality, the only problem that arises is how to get a divorce. quickly and achieve post-divorce benefits. So about the matter “Quick divorce with foreigners in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Civil Procedure Code 2015
What is a divorce from a foreigner?
Divorce with foreign elements is divorce cases in which the involved parties have foreign elements or the involved parties’ assets are abroad.
Specific cases and jurisdiction to deal with each case are presented below:
+ In case of divorce involving foreign elements when the involved parties are in Vietnam: Divorce between Vietnamese citizens and foreigners permanently residing in Vietnam; divorce between a foreigner and a foreigner permanently residing in Vietnam; The jurisdiction to settle divorce in these cases is the provincial court of Vietnam.
+ The case of divorce involving foreign elements when the involved parties are abroad is in the following cases when the litigants are foreigners who do not reside, do business, study or work in Vietnam and are present or not present in Vietnam. Vietnam at the time of acceptance by the court; the involved parties are Vietnamese residing, doing business, studying or working abroad and are present or not present in Vietnam at the time the court accepts them; the involved parties are foreigners who reside, do business, study or work in Vietnam but are not present in Vietnam at the time the court accepts them; the involved parties are Vietnamese who reside, do business, study or work in Vietnam but are not present in Vietnam at the time the court accepts them;
Quick divorce with foreigners in Vietnam
When getting a divorce with a foreigner, the basic documents and papers are required similar to the divorce cases in Vietnam, however, all foreign documents and records must be consularly legalized if the documents and documents are legalized. such documents are made in foreign countries or documents and dossiers are issued by foreign agencies or organizations, specifically:
Necessary documents to carry out divorce procedures with foreigners include:
Marriage certificate of husband and wife requesting divorce from foreigner
In case of marriage registration in Vietnam, submit the original or submit a notarized copy (certified true copy from the original).
In case of divorce with a foreigner and the marriage registration is done in a foreign country, it is compulsory to carry out the procedure for notifying overseas marriage registration at a competent agency in Vietnam before doing so divorce procedure;
In case the divorce petitioner with a foreigner loses or misplaces the marriage registration certificate, the marriage registration extraction procedure can be carried out at the place where the marriage registration procedure has been carried out.
2. Personal papers of the divorce petitioner such as the identity card or citizen identity card, the divorce petitioner with a foreigner must submit a notarized copy of the identity card or citizen identification.
3. Birth certificate of common child, if the couple has a common child, in case the joint birth certificate is lost or the other party intentionally fails to provide it, the marriage registration extraction procedure can be carried out at where the birth of the common child is registered.
4. Dossier and documents proving the address of the spouse currently residing abroad foreign elements in Vietnam
What is considered a divorce with foreign elements?
Divorce involving foreign elements in Ho Chi Minh City in the following cases:
• Spouse is a person with Vietnamese nationality and residence in Ho Chi Minh, but one is working, living or settling in a foreign country, even though both spouses are foreigners and registered. get married in Vietnam.
• Both husband and wife have household registration in Ho Chi Minh, but both husband and wife live and work or settle abroad and still have their nationality in Vietnam.
• The spouse is a foreigner, and the other is a spouse who is a Vietnamese citizen, residing in Ho Chi Minh City and having a marriage registration in Vietnam.
• Spouse has 1 foreigner and one person resides in Ho Chi Minh, has registered their marriage abroad and has carried out civil status registration procedures for marriage registration abroad at the agency. competent in Vietnam according to the provisions of the civil status law of Vietnam
• One spouse is a foreigner and one is a Vietnamese citizen, currently residing in Ho Chi Minh City and having a marriage registration in Vietnam.
How long does it take to settle a divorce with a foreigner?
The time to resolve a divorce with foreign elements depends on many factors of each case, although the procedural law stipulates the time limit for settlement of the case. civil court cases from 4 to 6 months, but normally, for divorce cases involving foreign elements, it can last for more than a year, but the actual time depends on a lot of objective and subjective factors. like:
– Do you hire a lawyer specializing in divorce settlement with foreign elements to settle the divorce case with a foreigner in accordance with regulations, leading to the need to amend and supplement documents many times, wasting time and travel expenses. Or there is a risk that the competent court often requires the petitioner for a divorce from a foreigner to perform many procedures that are not in accordance with regulations or refuse to be handled in accordance with regulations, but the person who is requesting a divorce from a foreigner does not failing to grasp the regulations to have critical opinions to protect their legitimate rights and interests, leading to a long time to settle divorce cases with foreigners.
– The divorce case involving foreign elements with the cooperation of both husband and wife also greatly affects the time to settle the divorce case with foreign elements. Because if two parties cooperate, the divorce case with foreign elements will be resolved faster than if one spouse does not cooperate. However, cooperation or non-cooperation still solves the divorce problem by carrying out unilateral divorce procedures.
– There may be other objective factors affecting the time limit for settling divorce cases with foreigners, such as epidemic factors, the world’s political security situation affecting the implementation of the law procedures for judicial entrustment to the country where the involved parties in the divorce case involving foreign elements are residing. The most typical example is the issue of the covid epidemic in 2021, which has very seriously affected the time limit for settling divorce cases with foreign elements, specifically the settlement time for divorce cases involving foreign elements.
– Are the documents and dossiers provided by the divorce petitioner complete or not, in case the documents and dossiers provided are complete, the implementation of divorce procedures with foreign elements will be faster, because the Divorce requests do not have to go through the procedure of extracting documents or collecting any additional documents, but can carry out divorce procedures with foreigners.
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Please see more
- Divorce procedures for people living abroad under Vietnam law
- Appeal for divorce judgment under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
• Consent to divorce from 01 to 02 months
• The first-instance unilateral divorce from 04 to 06 months may be longer if the defendant is absent or there is a dispute over property. Appeal from 3 to 4 months
• Divorce in absentia takes 12 to 24 months
• Petition for divorce
• Marriage registration certificate
• ID card and household registration
• Child’s birth certificate (if any)
• Documents proving property (red book, vehicle registration certificate, savings book, land certificate)…
Pursuant to Resolution 326/2016/UBTVQH14 on collection, exemption, reduction, collection, payment, management and use of court fees and court fees, divorce settlement fees with foreign elements are permitted. stipulates as follows:
The first-instance settlement fee in case the husband and wife agree to divorce without any dispute over property is 300,000 VND.
-The court fee for resolving a marriage and family dispute involving foreign elements (unilateral divorce) is 300,000 VND.
In case there is a dispute over property valued at over VND 6,000,000, the involved parties must also pay a court fee for requesting property division, which is calculated based on a percentage of the value of the disputed property.
It should be noted that when a divorce has foreign elements, if there is a judicial entrustment procedure such as service of documents and documents for a spouse who is abroad, the applicant is responsible for paying the trust fee. judicial offshore is 200,000 VND/entrustment.
Conclusion: So the above is Quick divorce with foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
