Unilateral divorce procedure with Japanese people. There are many couples getting married abroad, especially in Japan; that is, between Vietnamese and Japanese citizens. Is it possible to get a divorce in Japan? Let us learn about this topic with LSX law firm as follow:
Is it possible to carry out divorce procedures in Japan for Vietnamese people?
Pursuant to Clause 2, Article 127 of the Law on Marriage and Family of Vietnam; which stipulates: “In cases where the party is a Vietnamese citizen and does not permanently reside in Vietnam at the time of requesting a divorce; the divorce shall be; settled according to the provisions of the Law on Marriage and Family. the law of the country where the husband and wife live together; if they do not have a commonplace of permanent residence, they shall be settled according to Vietnamese law”.
Thus, a divorce between a Vietnamese and a Japanese is a divorce involving foreign elements and can be; carried out in Vietnam. Procedures for divorce with Chinese if you wonder.
Unilateral divorce procedure with Japanese people
Step 1: Prepare documents:
Submit divorce documents to the People’s Court of the province/city where the Japanese or Vietnamese are residing:
Firstly, divorce petition (should use the divorce form of the Court having jurisdiction);
Secondly, marriage certificate (original);
Thirdly, identity card/citizen identity card of husband and wife (notarized/certified copy), Japanese identity document;
Moreover, household book of husband and wife (notarized/certified copy);
In addition, child’s birth certificate (if any) (notarized/certified copy);
Besides, proof of ownership, right to use common property of husband and wife (notarized/certified copy).
Step 2: The court issues a notice of court fee advance payment
Pay first-instance civil court cost advances and return court cost advance receipts to the Court;
Step 3: The court accepts the case
In this step, the Court will process the request for consent divorce according to general procedures and issue a decision to settle the case.
If the Japanese are abroad, the Court will conduct the Judicial Entrustment activity to conduct consultations with Japanese citizens living abroad. Procedures for Divorce With Singaporeans.
Cost of divorce from Japanese people
Court fee for divorce without quota for Japanese is 300,000 VND.
The legal fees for divorce settlement are; regulated as follows:
For assets valued at VND 6,000,000 or less, the court fee is VND 300,000;
Property valued from over 6,000,000 VND to 400,000,000 VND; the court fee is 5% of the value of the disputed property;
If the property is; valued between over VND 400,000,000 and VND 800,000,000, the court fee payable is 20,000. 000 VND + 4% of the disputed property value exceeding 400,000,000 VND;
For assets valued between over VND 800,000,000 and VND 2,000,000,000; the court fee shall be VND 36,000,000 + 3% of the disputed property value exceeding VND 800,000,000;
In case the property is valued between over VND 2,000,000,000 and VND 4,000,000,000; the court fee will be VND 72,000,000 + 2% of the disputed property value exceeding VND 2,000,000,000
In addition, if the property is valued at more than VND 4,000,000,000, the court fee is VND 112,000,000,000 + 0.1% of the part of the disputed property value exceeding VND 4,000,000,000.
Finally, hope this article about Unilateral divorce procedure with Japanese people is helpful for you!
Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court. Divorce is done at the request of one party (unilateral divorce); or agreed upon and signed by both spouses (consenting divorce).
In fact, there are many reasons leading to divorce between couples today in Vietnam. However, there are 2 of the following reasons; that are common among couples in Vietnam and are also; easily accepted and resolved by the Court: Divorce due to adultery and Divorce due to domestic violence.