Divorce is something that none of us want. But after the process of living together, it is not possible to build happiness together; The decision to divorce is also a way to help the two have a new life. Divorce procedures in the country are too easy to do. But if a unilateral divorce with foreigners in Vietnam will be done?? What else about the property; children; procedures compared to ordinary divorce? Let’s find out with Lawyer X.
Legal grounds
Law on marriage and family 2014
Civil Procedure Code 2015
Consulting content
What is divorce?
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 the judgment; legally binding decision of the Court.
Persons entitled to unilaterally request divorce
According to the provisions of the Law on Marriage and Family, both husband and wife have the right to unilaterally request a divorce.
However, the husband does not have the right to request a divorce in case the wife is pregnant or giving birth; or raising children under 12 months old.
In addition, the father, mother or other relatives also have the right to claim when one of the wives; husband due to mental illness; or other diseases without being able to perceive and control their behavior; at the same time are victims of domestic violence caused by their husbands and wives, seriously affecting their lives; their mental health.
What causes of unilateral divorce are accepted by the Court?
The spouse of the person who is declared missing requests a divorce: If a person has been declared missing by the Court, the wife; that person’s husband has the right to request the Court to settle the divorce; and will be accepted by the Court for divorce.
Spouse commits domestic violence
Husband and wife seriously violate their rights and obligations
What is a unilateral divorce with foreign elements?
According to the provisions of Clause 1, Article 127 of the Law on Marriage and Family; unilateral divorce involving foreign elements shall be understood as one party’s request to terminate the husband and wife relationship between a Vietnamese citizen and a foreigner; between foreigners who permanently reside in Vietnam and are settled at a competent Vietnamese agency in accordance with the Law.
Thus, in this case, one of the spouses is a foreigner; it is also possible that both parties are foreigners but are permanently residing in Vietnam; Vietnamese people with each other but the grounds for establishing, changing or terminating such relationship according to foreign laws; assets related to that relationship abroad; shall be settled at the competent authority of Vietnam.
Unilateral divorce cases with foreigners in Vietnam
The following cases are divorces involving foreign elements:
Divorce of Vietnamese citizens with foreigners.
Divorce of a Vietnamese citizen but one of the spouses is currently living abroad.
Divorce of two foreigners who are permanently residing in Vietnam upon request for settlement.
Divorce with foreign assets at the time of filing for divorce.
Order and procedures for unilateral divorce involving foreign elements
Dossier to prepare
To get a divorce with foreign elements, you need to prepare a dossier including the following documents:
Divorce petition (form).
Original marriage registration certificate (If lost, a copy of the competent authority can be used for extracting).
Copy of Passport; Citizen ID card/ID card/Passport of the individual.
Copy of the child’s birth certificate (if applicable).
If there is a dispute over the property, submit a copy of the document certifying the ownership of that property.
If the two parties register their marriage under a foreign law and request a divorce settlement in Vietnam; they must have a legal marriage certificate and complete the procedures for recording in the register at the Department of Justice before filing for divorce. In case the parties do not record but still want to divorce; The divorce petition must state the reason for not noting the marriage record.
Competent authority to settle a unilateral divorce with foreigners in Vietnam
According to regulations, the Vietnamese Court has jurisdiction to settle divorce cases in which the plaintiff; the defendant is a Vietnamese citizen; the involved parties are foreigners residing, doing business and living long-term in Vietnam.
Pursuant to Article 36 of the Civil Procedure Code stipulating the jurisdiction of the Court according to the level of divorce cases involving foreign elements (with one party in a foreign country; assets in a foreign country), the jurisdiction to settle divorce cases belongs to Provincial People’s Court to settle.
However, in addition, the district-level People’s Court also has jurisdiction to handle cases involving foreign parties if this marriage relationship is formed between Vietnamese residing in the citizen border area. neighboring countries residing at the border with our country.
The order of execution
Step 1. Prepare documents according to regulations
Step 2. Submit the file to the court with jurisdiction
Step 3. The court accepts the application for divorce settlement. If all conditions are met and in accordance with the provisions of law.
Step 4. Pay the court fee advance.
Step 5. Participate in a public session to take statements, mediate, and disclose evidences.
If the court is eligible to accept the case, the court must send a notice of acceptance of the case, clearly stating the time and place of opening the meeting to check the handover, access and disclosure of evidences and conciliation. hereinafter referred to as the conciliation session), reopening the conciliation meeting, opening the court session and reopening the court session in the written notice of acceptance of the case to the overseas involved parties.
Step 6. Attend the divorce hearing at the Court.
During the trial preparation stage; The judge assigned to handle the case considers the file; conduct for the parties to hand over evidence and carry out conciliation procedures.
According to the above provisions, the conciliation meeting must be opened at the earliest 6 months and 8 months at the latest from the date of acceptance of the case.
In case the first conciliation session cannot be conducted or the conciliation cannot be held but the second conciliation session must be held, the second conciliation session shall be scheduled no later than 1 month after the first conciliation session.
Step 7. Execution of the Court’s divorce judgment or decision.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Unilateral divorce with foreigners in Vietnam”
Contact LSX
Finally, hopefully the information in the article will provide helpful information for readers and help you solve the problem “Unilateral divorce with foreigners in Vietnam“. At the same time, LSX Law firm always has leading lawyers and legal consultants who will help you in legal matters of life. If you have any need, please get in touch with us via hotline: +84846175333 or Email: [email protected]
Please see more:
Where to register for marriage with a foreigner in Vietnam?
Steps to register a marriage with a foreigner in Vietnam
Children of Party members in Vietnam marry a foreigner
Frequently asked questions
Divorce is a personal matter; related to many identity issues; asset; children and future support. Therefore, divorce cannot be done through proxy. Whether it is a consensual divorce or a unilateral divorce, it is not possible to authorize another person.
However, it is possible to file for divorce through proxy.
According to regulations on the rate of collection, exemption, reduction, collection, payment, management and use of court fees and court fees, which stipulates court fees for settling marriage and family disputes (unilateral divorce) is 300,000 VND and the fee for judicial entrustment abroad is 200,000 VND.
In case there is a dispute over the property, the fee will be different depending on the property.
Conclusion: So the above is Unilateral 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
