Divorce with foreigners is an issue of concern during the current integration. There are two forms of divorce: unilateral divorce and divorce by mutual consent. The unilateral divorce issue often makes our customers very confused; especially about the procedure. So what is procedure for unilateral divorce with foreigner? LSX Law firm is pleased to answer any questions as follows:
Law on marriage and family 2014
Civil Procedure Code 2015
Unilateral divorce with foreigners in Viet Nam
- According to Clause 1 Article 127, Marriage and Family Law 2014; Divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency under this Law.
- Divorce cases involving foreign elements are usually:
Firstly, divorce of Vietnamese citizens with foreigners.
Secondly, divorce of a Vietnamese citizen but one of the spouses is currently living abroad.
Thirdly, divorce of two foreigners who are permanently residing in Vietnam upon request for settlement.
Lastly, divorce with foreign assets at the time of filing for divorce.
Procedures for unilateral divorce with foreigners in Vietnam
Dossier for the unilateral divorce request with foreigners
– Divorce application (Refer to Unilateral divorce form)
– Original copy of Marriage Certificate (or copy and the reason there is no original)
– Copy of permanent and temporary residence of the plaintiff and defendant;
– Copy of Identity Card or passport of the plaintiff and defendant;
– Documents proving assets: Certificate of land use right; house ownership …
– Copy of birth certificate of children.
Clauses a and b, Article 39 of the 2015 Civil Procedure Code, District-level People’s Courts according to the residence or workplace of your husband are competent to settle a divorce. Or you and your husband may agree in writing to ask the Court of your place of residence or employment to resolve it.
The settlement time is from 04 to 06 months from the date of receiving the Documents. It is specified in Article 203; Civil Procedure Code Law 2015
Divorce court fee
Normally, when taking into account the divorce court fee with foreign elements. If there is no dispute over the property, it is 300,000 VND. If there is a dispute over the property; it will depend on that property.
Thus, you need to prepare all required documents; comply with the order; and ensure the fulfillment of project obligations to be able to solve this case.
Because divorce is a matter related to the moral rights of each citizen. Therefore, the divorce cannot be delegated to another person to do it.
According to law, the duration of the proceedings will be conducted from 5 to 8 months
The settling time required for a divorce of absent foreigners is about 24 months. Because the implementation of the procedures required judicial authorization.