Divorce is an aspect of the marital relationship. If marriage is a normal phenomenon in order to establish a husband and wife relationship, divorce is an unusual phenomenon, which is the opposite side of marriage but an indispensable aspect when it comes to the relationship between husband and wife. The marriage system has really broken down. In that case, divorce is a necessity for both husband and wife and for society; for it is liberating for everyone, both for husband and wife; children as well as family members get rid of conflicts, contradictions, deadlocks in common life. The law of our country recognizes the legitimate freedom of divorce of husband and wife, and cannot prohibit or set conditions to limit the freedom to divorce. In order to conduct divorce procedures quickly and avoid cumbersome, the following article Lawyer X would like to provide information about “Steps to divorce with foreigners in Vietnam“.
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The latest marriage and family law 2021
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What is Divorce?
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
In Divorce, there are consensual divorces and unilateral divorces.
- Consensual divorce is a case where husband and wife jointly request a divorce, if it is deemed that both parties are really willing to divorce and have agreed on property division, caregiving, nurturing, care and education of their children. on the basis of ensuring the legitimate interests of the wife and children, the Court shall recognize the consent of the 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 court shall settle the divorce.
- Unilateral divorce is the case when a spouse requests a divorce but the conciliation at the Court is unsuccessful, the Court shall grant the divorce if there are grounds for the fact that the husband or wife committed acts of domestic violence or violations of the law. seriously violate the rights and obligations of husband and wife, causing the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage cannot be achieved.
What are the conditions for divorce?
There are two types of divorce: a consent divorce and a unilateral request for divorce. For each type, it will require different conditions, specifically:
- Conditions for an amicable divorce:
The two parties really voluntarily divorce
The two sides have agreed on the division of assets, child custody, support obligations …
- Conditions for unilateral divorce:
Husband and wife commit acts of domestic violence
When one person seriously violates the rights and obligations, causing the marriage to fall into serious condition, the common life cannot be prolonged;
The spouse is declared missing by the Court;
When one person has a mental illness or another illness and is also a victim of domestic violence perpetrated by the other.
Who has the right to request a settlement?
The right to request divorce settlement is provided for in Article 51 of the Law on Marriage and Family, specifically:
Article 51. Right to request divorce settlement
- Wife, husband or both have the right to request the Court to settle the divorce.
- Parents and other relatives have the right to request the Court to settle a divorce when one of the spouses, due to mental illness or other diseases, cannot perceive and control his/her own behavior. are victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health and spirit.
- Husband has no right to request divorce in case his wife is pregnant, giving birth or raising a child under 12 months old.
Thus, in Clause 1, Clause 2 of Article 51, there are provisions on the right to request divorce settlement, which are spouses or parents of spouses’ relatives. These people can carry out the procedures for preparing divorce documents in accordance with the law.
Steps to divorce with foreigners in Vietnam
For Unilateral Divorce
– Step 1: The party requesting divorce shall file a petition for a unilateral divorce at the district-level People’s Court where the respondent (husband or wife) is residing or working.
In case of divorce involving foreign elements, it is under the jurisdiction of the People’s Court of the province.
– Step 2: Pay the court fee advance
The petitioner (spouse) shall pay the first-instance civil court fee advance at the district-level Judgment Execution Sub-Department within 07 working days after receiving the Court’s notice.
The level of court fee advance is specified in Resolution 326/2016/UBTVQH14.
The spouse who requests for a unilateral divorce shall return the court fee advance receipt to the Court within 03 working days.
Step 3: The court accepts the case, proceeds to settle the case according to general procedures and issues a judgment or decision to settle the case.
The Court will request the parties to conduct mediation at the Court. In case the conciliation fails, the Court will open the first-instance trial procedure.
For amicable divorce settlement
– Step 1: Submit application for recognition of consensual divorce at the district-level People’s Court where the spouse resides and works;
– Step 2: After receiving the application for recognition of consent for divorce with valid documents, the Court will accept the settlement and will issue a notice of payment of court fee advance to the applicant;
– Step 3: Based on the notice of the Court, the involved parties shall pay the fee advance at the district-level Civil Judgment Execution Sub-Department and return the payment receipt to the Court;
Note: If the People’s Court of the province settles it, it shall be submitted to the Department of Civil Judgment Execution of the province.
– Step 4: The court opens a public meeting to resolve the request for recognition of consent for divorce.
Note: This meeting must be attended by the Procurator of the People’s Procuracy providing the Court to accept the settlement.
– Step 5: The court issues a decision to recognize the consent of the divorce.
Note: The decision on recognition of consent to divorce takes legal effect immediately.
What is a divorce record?
The basic documents required for a divorce are the following:
– An application for a unilateral divorce or an application for an uncontested divorce (according to the court’s form);
– The original marriage certificate (if any), in case the original marriage certificate is lost, a copy certified true of the original issued by a competent state agency must be submitted, but clearly stated in the document. petition;
– ID card (Passport); Passport (certified copy) of both parties;
– 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 (for divorce cases involving foreign elements).
Order and procedures for filing a divorce application
Step 1: Submit application; valid documents on divorce application to the competent People’s Court;
Step 2: Within 7-15 days; The court examines the file. If the dossier is complete and valid, the Court will send a notice of court fee advance;
Step 3: Pay civil court cost advances at the competent Civil Judgment Execution Sub-Department and submit court fee advance receipts to the Court;
Step 4: The court opens a reunion mediation session and conducts divorce procedures at the Court according to first-instance procedures.
Divorce application processing time
- Consensus divorce involving foreign elements: From 03 to 04 months;
- Divorce unilaterally with foreign elements: The first instance level is about 4 to 6 months.
- In case of divorce in the absence of foreigners: From about 24 months (due to the court having to carry out judicial mandate procedures)
However; in fact, the time to settle a divorce case involving foreign elements may be longer if the defendant is absent; There are property and child custody disputes…
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Please see more
- Children of Party members in Vietnam marry a foreigner
- Unilateral divorce with foreigners in Vietnam
- Consent divorce consulting service for foreigners in Vietnam
Frequently asked questions
Currently, when divorcing unilaterally, the husband and wife use the petition form, and in the consensual divorce, the husband and wife use the civil matter request form issued together with Resolution 01/2017/NQ. – City Council. However, in this Resolution, the Judicial Council does not require any form of divorce petition to be used.
Therefore, husband and wife who want to get a divorce can completely use a handwritten divorce form, type it, buy it at the Court or download the form online.
Unilateral divorce is a court’s decision to divorce at the request of one party but the conciliation is unsuccessful and there are grounds to prove that the married life is in serious condition, the common life cannot be prolonged, The purpose of marriage is not achieved.
Conclusion: So the above is Steps to 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
